AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Commission Africaine des Droits de l’Homme & des Peuples
Kairaba Avenue, P.O.Box 673, Banjul,The Gambia Tel:(220)392962 / 372070; Fax: (220)390 764 E-mail: achpr@achpr.org ; Web: www.achpr.org
33rd Ordinary Session
15-29 May 2003
Niamey, Niger
Distribution: Restricted
DOC/OS(OS(XXXIII)324/c/ii
Original: English
REPORT OF THE VISIT OF THE SPECIAL
RAPPORTEUR ON PRISONS AND CONDITIONS
OF DETENTION IN AFRICA TO UGANDA PRISONS
From 11th to 22nd March 2001
(Item 10c)
Introduction _______________________________________________________________ 4
Dates of the visit and composition of the delegation ____________________________ 4
1
Background information __________________________________________________ 4
People _________________________________________________________________ 5
Economy _______________________________________________________________ 5
Administrative and legal organisation _______________________________________ 6
Constitution ___________________________________________________________ 6
Legal system __________________________________________________________ 6
Executive branch _______________________________________________________ 6
Legislative branch ______________________________________________________ 6
Judicial branch _________________________________________________________ 6
Courts ________________________________________________________________ 6
International treaties _____________________________________________________ 7
Prisons and police stations visited __________________________________________ 7
Consultations undertaken by the delegation __________________________________ 8
Cooperation received _____________________________________________________ 9
Visit context ____________________________________________________________ 9
Findings __________________________________________________________________ 9
The prison system________________________________________________________ 9
Legal framework and organisation _________________________________________ 9
Control mechanisms ____________________________________________________ 11
Prisons in brief ________________________________________________________ 12
Staff ________________________________________________________________ 12
Police custody __________________________________________________________ 13
Torture and ill-treatment ________________________________________________ 13
Vulnerable groups ______________________________________________________ 14
Death row prisoners ____________________________________________________ 14
Foreigners____________________________________________________________ 15
Women ______________________________________________________________ 15
Juveniles _____________________________________________________________ 16
Other vulnerable prisoners or specific groups ________________________________ 17
Discriminations _______________________________________________________ 18
Buildings and housing ___________________________________________________ 18
Cells ________________________________________________________________ 18
Disciplinary cells ______________________________________________________ 19
Kitchen ______________________________________________________________ 20
Religious facilities _____________________________________________________ 20
Library ______________________________________________________________ 20
Health and Hygiene _____________________________________________________ 20
Health _______________________________________________________________ 20
Water, sanitation, bathing and toilet facilities ________________________________ 27
Food ________________________________________________________________ 28
Clothing _____________________________________________________________ 29
Contact with the outside/familial links______________________________________ 30
Work/Education/Exercise ________________________________________________ 30
Work________________________________________________________________ 30
Education ____________________________________________________________ 31
Exercise/Cultural activities ______________________________________________ 31
Preparation for release __________________________________________________ 31
Prison Rules & Discipline / Security _______________________________________ 32
Existing prison rules____________________________________________________ 32
Enforcement of prison rules ______________________________________________ 32
2
Complaint mechanisms _________________________________________________ 32
Security _____________________________________________________________ 33
Staff __________________________________________________________________ 33
Relationship between staff and prisoners____________________________________ 33
Remand detention ______________________________________________________ 34
Areas of concern __________________________________________________________ 35
Torture and ill-treatment ________________________________________________ 35
The situation of juveniles _________________________________________________ 36
Foreigners _____________________________________________________________ 36
Discriminations_________________________________________________________ 36
Relations between staff and prisoners ______________________________________ 36
Remand detention and related overcrowding ________________________________ 36
Work _________________________________________________________________ 36
Medical care ___________________________________________________________ 37
Double management of prisons____________________________________________ 37
Good practices ____________________________________________________________ 37
Recommendations _________________________________________________________ 38
General recommendations _______________________________________________ 38
Health ________________________________________________________________ 39
Recommendations – prison bill____________________________________________ 40
3
Introduction
Dates of the visit and composition of the delegation
The Commissioner, Dr Vera Mlangazuwa Chirwa, Special Rapporteur on Prisons and Conditions
of Detention in Africa of the African Commission on Human and Peoples’ Rights, African Union,
visited Uganda from 11 to 22 March 2001.
The purpose of this visit was to evaluate and document conditions of detention in Uganda and to
build a constructive and permanent dialogue with the government of Uganda with the aim of
improving conditions of detention and rehabilitation in Uganda.
The Special Rapporteur was accompanied by:
-
Dr. Alpha Oumar Sankarela Diallo, Chief Medical Officer, Security and Prison Services,
Guinea Conakry
-
Annie Rashidi, Legal Officer, the African Commission on Human and Peoples’ Rights,
Gambia
-
Audrey Pascaud, Assistant, France
The African Commission of Human and Peoples’ Rights wishes to thank them for their contribution
to this mission.
Background information
Uganda has experienced a number of changes from the time when it was declared a British
Protectorate in 1860. A number of developments have occurred in the areas of social, economic
and political establishment. However the area that has seen significant changes is the political
governance of Uganda. Since 1962, when Uganda attained independence from the British, the
country has so far seen a total number of 7 Presidents with 8 regimes The dictatorial regime of Idi
Amin (1971-79) was responsible for the deaths of some 300,000 opponents; guerrilla war and
human rights abuses under Milton Obote (1980-85) claimed another 100,000 lives. During the
1990s the government promulgated non-party presidential and legislative elections.
On 12 March 2001, President Yoweri Museveni was reelected to a second 5-year term under the
Constitution and continued to dominate the Government. He has ruled since 1986 through the
National Resistance Movement, legislatively reorganized and renamed as "The Movement" in
1995. The Constitution provides for a 295-member unicameral parliament and an autonomous,
independently elected president. During 2001, the Constitutional Review Commission (CRC)
began work to amend the 1995 Constitution. The judiciary generally is independent but is
understaffed and weak; the President has extensive legal powers.
The Uganda People's Defense Force (UPDF) is the key security force. The Constitution provides
for civilian control of the UPDF, with the President designated as commander in chief; the UPDF
remained active due to the continued instability in the north, northeast, and west and because of
the country's involvement in the conflict in the neighbouring Democratic Republic of the Congo
(DRC). UPDF soldiers and members of Local Defense Units (LDU's) assist the police in rural
areas. LDU's operate under the authority of the Ministry of Internal Affairs but without a legal
mandate. The Internal Security Organization (ISO) remained under the direct authority of the
President. Although the ISO primarily is an intelligence-gathering body, its operatives occasionally
detained civilians. The Directorate of Military Intelligence (DMI), which also is known as the Chief
of Military Intelligence (CMI) and is under UPDF control, detained civilians suspected of rebel and
terrorist activity. The police are organized as a national force under the authority of the Ministry of
Internal Affairs. All security forces are under government control and are responsive to the
Government.
4
Insurgent forces committed numerous serious abuses. The Allied Democratic Forces (ADF), a
rebel group in the western part of the country whose activities decreased during the year, killed
and abducted persons, including children. The Lord's Resistance Army (LRA), a terrorist
organization led by Joseph Kony, and in the past supported by the Government of Sudan,
operated in the north from bases in southern Sudan.
The economy grew at a rate of approximately 5.1 % during 2001. Annual gross domestic product
(GDP) was $320 (505,000 shillings) per capita. Foreign economic assistance provides
approximately 52 % of government revenues. The agriculturally based economy continued to rely
on coffee as its chief export. Foreign investment remained steady at approximately 4 percent of
GDP amid chronic and serious levels of corruption and continuing concerns about regional security
in the wake of the country's intervention in the DRC. The pace of the privatisation process
increased due to the Government's privatisation of the Uganda Electricity Board (UEB). The
financial sector was strengthened due to improved lending practices and more stringent
supervision by the central bank.
People
The country's population is approximately 24.7 million (July 2002 estimate). According to the
UNHCR, by the end of 2001, Uganda was host to 178,815 refugees from a number of
neighbouring countries, including: Sudan 155,996, Rwanda 14,375, and Democratic Republic of
the Congo 7,459 (2002 est.)
There are several ethnic groups in Uganda, the most important numberwise being the Baganda
17%, followed by Ankole, Basoga and Iteso – all 8%.
Roman catholics and Protestants represent a 33% each, Muslims 16%, and indigenous beliefs
18%
Uganda population is young, with 50.9% aged between 0-14 years. Life expectancy is 43.8 years
(female: 44.67 years male: 42.97 years - 2002 est.)
It was estimated in 2001 that 1.1 million Ugandan lived with AIDS.
English is the official national language, taught in grade schools, used in courts of law and by most
newspapers and some radio broadcasts; Ganda or Luganda is the most widely used of the NigerCongo languages, preferred for native language publications in the capital and may be taught in
school.
Literacy rate (age 15 and over can read and write) was estimated in 2000 at 62.7% (male: 74% female: 54%).
Economy
Uganda has substantial natural resources, including fertile soils, regular rainfall, and sizable
mineral deposits of copper and cobalt. Agriculture is the most important sector of the economy,
employing over 80% of the work force. Coffee is the major export crop and accounts for the bulk of
export revenues. Ongoing Ugandan involvement in the war in the Democratic Republic of the
Congo, corruption within the government, and slippage in the government's determination to press
reforms raise doubts about the continuation of strong growth. In 2000, Uganda qualified for
enhanced Highly Indebted Poor Countries (HIPC) debt relief and Paris Club debt relief. Growth for
2001 was held back because of a continued decline in the price of coffee, Uganda's principal
export.
Uganda was one of the first countries to finish its Poverty Reduction Strategy Paper (PRSP) as per
the requirements of the International Monetary Fund (IMF) and world bank and received new loans
from the IMF and World Bank: the Poverty Reduction and Growth Facility (PRGF) and Poverty
Reduction Support Credit (PRSC). However, reports indicate that crucial policy prescriptions within
the PRGF and PRSC may impair Uganda’s ability to effectively realize its anti-poverty and growth
5
goals 1. Unfortunately the new IMF and World Bank loans to Uganda still contain the same highly
controversial loan conditions that have been raising serious concerns for over 20 years, this
despite the new Poverty Reduction Strategy process.
Administrative and legal organisation
The country is divided into 45 districts.
Constitution
The Constitution was adopted on 8 October 1995 by the interim, 284-member Constituent
Assembly, charged with debating the draft constitution that had been proposed in May 1993; the
Constituent Assembly was dissolved upon the promulgation of the constitution in October 1995.
Legal system
In 1995, the government restored the legal system to one based on English common law and
customary law. Uganda accepts compulsory ICJ jurisdiction, with reservations.
Executive branch
The Chief of state and head of government is President Lt. Gen. Yoweri Kaguta Museveni (since
seizing power 29 January 1986). The Prime Minister – Apollo Nsibambi, appointed by the
President (since 5 April 1999) assists him in the supervision of the cabinet. The cabinet is
appointed by the President from among elected legislators.
Legislative branch
The National Assembly is unicameral. It counts 303 members - 214 directly elected by popular
vote, 81 nominated by legally established special interest groups [women 56, army 10, disabled 5,
youth 5, labour 5], 8 ex officio members; members serve five-year terms. The last elections were
held 26 June 2001.
Judicial branch
The Court of Appeal (judges are appointed by the president and approved by the legislature) and
the High Court (judges are appointed by the president) comprise the judicial branch.
The judiciary receives support from external donors in order to increase its resources, improve its
management and the training of judicial staff. Efforts to improve coordination between the various
agencies involved in the criminal justice process are also undertaken and should be praised and
continued. The Danish International Development Agency (D.A.N.I.D.A.), supported by the Royal
Danish Embassy is one of Judiciary's biggest development partner.
Courts
The Supreme Court is established by Article 130 of the Constitution and stands out at the top of
the Judicial pyramid as a final court of Appeal in Uganda. It has no original jurisdiction save as
conferred by law. The Chief Justice and not less than six Justices constitute the Court, as
Parliament may by law prescribe. Five Justices duly constitute it at any sitting, but when hearing
appeals from decisions of the Court of Appeal, a full bench of seven justices, has to be present.
The decisions of the Supreme Court form precedents followed by all lower courts. The Honorable
the Chief Justice is the head of the Supreme Court, as well as the Judiciary.
The Court of Appeal is a child of the 1995 Constitution. It is a third court of record, and
interpositioned between the Supreme Court and the High Court. The Court of Appeal as the titles
suggests has appellate jurisdiction over the High Court. It is not a Court of first instance except
when hearing constitutional cases since it is a Constitutional Court too. The Court of Appeal of
1 See New Strategies; Old Loan Conditions, Do the New IMF and World Bank Loans Support Countries’ Poverty Reduction Strategy
Papers? The Case of Uganda By Warren Nyamugasira, Uganda National NGO Forum, Kampala and Rick Rowden, RESULTS
Educational Fund, Washington, DC With Assistance from Action Aid, April 2002
6
Uganda came into being following the promulgation of the Constitution, and the enactment of the
Judicature Statute, 1996. Article 134 established the structure of the Court of Appeal to consist of
the Deputy Chief Justice, and such number of Justices of Appeal not being less than seven as
Parliament may by law prescribes. The Court of Appeal does not exercise original jurisdiction in
any Civil or Criminal matters except when sitting as a Constitutional Court under powers conferred
on it by Article 137(1) of the Constitutional.
The High Court of Uganda is established by Article 138 of the Constitution and stands as a symbol
of Justice. It is the third court of record in order of hierarchy and has unlimited original jurisdiction
i.e. it can try any case of any value or crime of any magnitude in Uganda. Appeals from all
Magistrates Courts go to the High Court. The High Court is headed by the Honourable Principal
Judge and is responsible for the administration of the court and has general supervisory powers
over Magistrate's courts. The decentralisation of the High Court has led to its services brought
nearer to the people in the seven circuits at Fort Portal, Gulu, Jinja, Masaka, Mbale, Mbarara and
Nakawa. There are plans to create more circuits in the nearby future. The High Court of Uganda
has a total of 29 Judges.
Magistrate's Courts are the lowest subordinate's courts whose decisions are subject to review by
the High Court. There are three levels of Magistrates courts: Chief Magistrates, Magistrates Grade
I and Magistrates Grade II. These courts handle the bulk of cases in Uganda. Presently the country
is divided into 26 Chief Magisterial areas administered by Chief Magistrates who have general
powers of supervision over all magisterial courts within the area of their jurisdiction.
There are 27 Chief Magistrates' Courts, 52 Magistrates' Grade I Courts and 428 Magistrates'
Grade II Courts.
International treaties
Uganda is party to the following international instruments protecting Human Rights:
•
African Charter on Human and Peoples’ Rights
•
African Charter on the Rights and Welfare of the Child
•
International Covenant on Economic, Social and Cultural Rights
•
International Covenant on Civil and Political Rights – Optional Protocol 1
•
International Convention on the Elimination of All Forms of Racial Discrimination
•
Convention on the Elimination of All Forms of Discrimination against Women
•
Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment
•
Convention on the Rights of the Child – Optional Protocol on the involvement of
children in armed conflicts – Optional Protocol on the sale of children, child
prostitution and child pornography
•
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families – will enter into force when 20 states have accepted it.
Prisons and police stations visited
Central government prisons
Luzira Maximum security prison (Upper prison)
Luzira remand prison
Luzira women prison
Murchison Bay prison
Masaka prison
Kakiika prison
Masindi prison
Mbale prison
Mbale women prison
N° of prisoners
2049
580
209
1203
668
749
553
811
24
7
Tororo government prison
278
Total Prisoners visited: 7124 (44% of the total central government prison population)
Total Places visited: 10 (25 % of the total number of central prisons)
Police stations
Kampala central police station
Masaka Central police station
Kasese police station
Mbale police station
N° of prisoners
111
20
13
19
Total Prisoners visited: 163
Total Places visited: 4
Local governments prisons
Mpigi local government prison
Kasese local administration prison
Tororo local administration prison
N° of prisoners
93
57
7
Total Prisoners visited: 157
Total Places visited: 3
Local governments police units
Kamukuzi local administration police units
Kasese local administration police units
N° of prisoners
11
1
Total Prisoners visited: 12
Total Places visited: 2
Others
Nagguru remand home for juveniles
N° of prisoners
134
Consultations undertaken by the delegation
The Special Rapporteur and her delegation held talks with:
His Excellency H.E. Eriya Kategaya, Minister of Internal Affairs
Mrs Margaret Ssekagya, Chair, the Uganda Human Rights Commission (UHRC) and members
and staff of the Commission
The International Committee of the Red Cross (ICRC)
The Inspector General of Police, Major General Katumba Wamala
The Chief Justice
The Director of Public Prosecution and His Deputy
The delegation had many very useful discussions with M. Etima, the Commissioner of prisons and
the staff of the Uganda Prison Service (UPS), particularly Dr. Kurt Neudek, Assistant
Commissioner. The Special Rapporteur is very grateful to Commissioner Etima for welcoming and
introducing her and the delegation to the staff of UPS, as well as for the very open minded and
useful discussions that followed.
8
The delegation also consulted representatives of non-governmental organisations: Foundation for
Human Rights Initiative (FHRI); Build up again – ex prisoners association; Ugandan Prisoners Aid
Society
The Special Rapporteur met the press: The Monitor, Radio Uganda, Dembe FM, Radio Simba, The
New Vision, Monitor Radio, Uganda TV, WBS TV, Radio One
Many prisoners were questioned in private, individually and in small groups, within each
establishment visited.
Cooperation received
The Special Rapporteur welcomes the spirit of cooperation and openness, which marked the
relationship with her delegation. She is particularly grateful to Dr. Kurt Neudek, Assistant
Commissioner of Prisons and Mr. Ikerapa, Commissioner in charge of inspections who spared no
effort to ensure success to the mission.
Visit context
Prison and judicial authorities in Uganda, as in many countries worldwide, face a repressive public
opinion. Mob justice is widespread and well rooted, and prison is therefore considered as a lighter
punishment. The fear of mob justice is invoked as a reason not to release these people on bail, as
the population tends to think that a person on bond is free.
The capital punishment is highly debated, but further work remains to be done with regard to public
awareness. The number of capital cases remains high, as well as the number of executions carried
out each year (see below).
Corruption seems to be an important feature at all stages: police, prison and judiciary. Some
institutions do exist to fight it, but a lot remains to be done.
The Uganda Prison Service (UPS), conscious of the conditions prevailing in prisons has adopted a
policy document entitled “Uganda Prisons Services, 2000 and beyond”. This document describes
the commitment of UPS to the “reasonable, safe, secure and humane custody of offenders in
accordance with universally accepted standards, while encouraging and assisting them in their
reformation and social reintegration as law abiding citizens”.
The UPS was in the process of drafting a new prison legislation, which the Special Rapporteur
strongly encourages. The drafting of new prison legislation can be an important step towards
improvement of prison conditions and penal reform. The Special Rapporteur would like to insist on
the importance of such legislation, which must be a tool for progress. The adoption of such
legislation must be an occasion to promote a humanistic approach of prisons, bearing in mind the
objective of prison, which is the rehabilitation of prisoners in view of their return into the community,
as stated in the UPS policy document. The Special Rapporteur would like to encourage the Prison
Service of Uganda to take its inspiration from progressive legislations which have been adopted on
the continent.
Findings
The prison system
Legal framework and organisation
Uganda has a dual prison system, with prisons under the responsibility of the central government,
and prisons under local governments. There are 47 central government prisons, and than 145 local
government prisons. To these must be added local governments lock-ups.
9
The Uganda Prison Service (UPS) was established under the Constitution of Uganda and the 1958
Prison Act (revised in 1964). These, together with the prison rules made under section 76 of the
Act, continue to provide the legal framework under which the UPS operates. The UPS, along with
the Uganda Police Force falls under the authority of the Minister of Internal Affairs. The
Commissioner General for Prisons and his Deputy are appointed by the President, with
parliamentary approval.
UPS has four major Departments headed by a senior Assistant Commission of Prisons:
-
Department of Inspection
-
Department of Administration
-
Department of enterprises
-
Department of Support Services
A separate department for health in prisons is on the way to be created.
Outside the Headquarters in Kampala, there are 11 regions, headed by a Regional Commander,
and an Officer in Charge at each prison.
The budget for infrastructure today is estimated at 18% of what would be needed for smooth
functioning, budget for operations at 42%, and budget for staffing at 50% of what is needed.
Under the provisions of the Police Act 1994 the police have power to arrest a person if they have
reasonable cause to suspect that the person has committed or is about to commit an arrestable
offence (punishable by one year or 100/= UGS). Furthermore, a police officer may arrest and
detain a person if he considers it necessary to prevent them from causing physical injury to
themselves or others; suffering physical injury; causing loss or damage to property; committing an
indecent act; causing obstruction on a highway; inflicting harm on children or vulnerable persons.
Chief of villages, Local Councils and Committees, Local Defence Units and other individuals are
also entitled to arrest people suspected of having committed an offence entailing an imprisonment
sentence of at least a year.
A very striking feature of the legal framework in Uganda is the defilement offence. Defilement
became a capital offence in 1990. Sex by any aged male with a female under the age of 18
constitutes defilement (18 being the age of consent, among the highest worldwide). The very high
number of defilement cases is a feature of the Ugandan prison population. There have been
reports that these cases are not always founded and that families get on with the police to extort
money from the suspect, or even encouraged relationship between victim and offender only to later
use the issue of defilement to extort compensation. As a capital offence, a case for defilement
must be heard by a High Court judge, hence lengthy pre-trial periods. Following these delays, and
for a variety of reasons such as insufficient evidence, age not proven, unavailability of witnesses,
etc., the rate of acquittal is high. Where a conviction is obtained, however, sentences range from
caution to 25 years with most falling in the range of 6-10 years. Most offenders are almost as
young as their victims (16-20). There has been no execution for this reason. There are currently
proposals to enable lower courts to be competent to handle such cases, and to reduce death
sentences to life sentences.
According to the Constitution, petty offenders should get automatic bail after 120 days in prison,
and serious offenders (murder, robbery, defilement, treason) after 360 days.
The lack of judges – in particular as far as High Courts are concerned – accounts partly for the
very high proportion of remand cases.
Uganda has introduced community service as an alternative to custody in four pilot districts:
Masaka, Mukono, Mpigi, Masindi. 90 offenders have been sentenced since introduction of the
scheme. The mechanism will help decriminalize certain offences but magistrates and judges are
not yet well acquainted with this sentence and do not use it often
10
The local government prisons receive very little funding from the government, if at all and the
conditions there depend on the economic standing of the district. Situations and conditions vary
according to the district. There are more reports of abuses in these prisons, and overcrowding is
also more severe. The Constitution provides that all prisons should be under the Uganda Prison
Service (UPS), and there seem to be moves towards this.
The Nagguru remand home for juveniles is under the Ministry of Gender, Social Affairs and
Development; all the staff is therefore civilian.
Overcrowding and overstaying on remand are seen as the main problems faced by UPS.
UPS is debating on how to change the situation and has identified some means:
1) Dialogue with the government to increase the number of judges
2) Work to improve working methods
3) Law about community service order
4) Chain linked project (improved cooperation between Criminal Justice Agencies)
5) Prison farms
6) Donor co-ordination meetings every two months opened to civil society
7) Human rights committee at prison headquarters co-ordinates with Uganda Human Rights
Commission and relevant bodies to examines prisoner’s complaints
8) Open door policy
9) Human rights training for all staff, including training trainers
10) Industries
11) Schools for prisoners
12) Collaboration with the Central, Eastern and Southern African Heads of Correctional Services
Conference (CESCA): Training, management, policy, conditions of service of personnel.
The Special Rapporteur would like to encourage the Government of Uganda to seize the
opportunity of the revision of Prison Bill to end this dual approach and put all institutions under one
authority, namely the UPS, as per the Constitution. Resources will have to be made available
accordingly. This important step would ensure an equal treatment of all prisoners.
Control mechanisms
UPS as an internal control mechanism, the Commissioner for inspections. The regional
Commanders of the UPS report to him.
As per the Constitution, the Uganda National Human Rights Commission (UHRC) is entitled to visit
“jails, prisons, and places of detention or related facilities with a view to assessing and inspecting
conditions of the inmates and make recommendations;“ (art. 52 (1) (b)). The UHRC inspects
prisons once a year, without prior notice; it points out problems and weaknesses and gets support
from the authorities. The UHRC also provides civic education, monitor government’s compliance
with international treaties and obligations. In 1996, the UHRC created a prison committee to visit
and monitor prisons. This committee was transferred to UPS (Complaints and investigation service
under inspection department).
UHRC has tribunals hearing cases (These tribunals bring people to answer charges and
compensation orders in favour of the victims can be decided). Commissioners of UHRC hear
cases. There were 20 cases of compensation so far (up to 25 million shillings). UHRC is preparing
a training manual for prisons. UHRC wished that each institution/service got a human rights
11
committee. They pushed for that and prisons, police, UPDF now have such committees. They are
now working closely with them.
Several NGOs work in prisons, whether nationals (FHRI, Uganda Prisoners Aid Society) as well as
the ICRC which has however scaled down its activities outside Kampala due to security problems.
FHRI has visited more than half of all the prisons, governmental and local of the country and was
devising a programme to visit police stations as well.
Prisons in brief
Type of prisons
The delegation observed different types of prisons: receiving centres (Mbale) for unconvicted
prisoners or those with a sentence not exceeding six months; an open prison for low security
offenders and short term prisoners up to four years (Murchison Bay); a maximum security prison
(Luzira Upper prison), receiving capital offenders (murder, robbery, aggravated robbery,
manslaughter, rape, defilement, treason, terrorism) and long term prisoners (over five years).
There are also two women prisons in Luzira (Kampala) and Mbale, and four prison farms (Kigo,
Mutukula, Isimba, Tororo). The hospital located at Murchison prison in Kampala is the national
referral hospital for all prisoners from local and governmental prisons as well as police stations.
Some prisons are equipped with industries and workshops (Luzzira Upper, Murchison Bay, Mbale).
Most prisons are old and date back to the 1920’s.
Number of prisons
49 prisons under central administration; 145 prisons under local administration; a total of 194
prisons. To these must be added numerous lock-ups under local authorities.
Capacity
For the 49 prisons under central administration, as at April 2002: 8530 places.
Number of prisoners
For the 49 prisons under central administration, as at April 2002: 16,016 prisoners.
For local government prisons and other lock-ups, the Special Rapporteur was not provided with
figures although she requested for them.
Prison population – Features
The imprisonment rate in Uganda is currently of approximately 101 per 100 000 inhabitant, with a
total prison population c. 16 016 (April 2002). The average age of offenders is 26 years old. During
special international events, the prison population increases with numbers of people arrested for
“idleness and disorder”, to clean the city.
Women represent c. 4% of the total prison population. According to Constitution, they should be
detained separately from men, as well as juveniles under 18.
Overcrowding makes it often difficult to classify prisoners. However, in some prisons (Tororo prison
farm), convicts were separated from remand prisoners.
Ward leaders were appointed in all prisons visited by the delegation. Fellow-prisoners often
complained about the violent behaviour of these leaders, who would beat them when prison rules
were breached, or for other reasons. (see also Discipline section below).
Staff
Below the Commissioner General of Prisons and the Deputy, there are 13 levels of staff. Staff
enter into the Service at three levels: warder/wardress, Cadet Principal, Cadet Assistant
Superintendent. The initial training for officers is six to nine months, and 18 months for senior
officers. Human Rights training or information are also delivered. There are some local initiatives to
train staff in Human Rights (Masindi).
12
There were 3 107 uniformed staff in April 2002 – approx. one to five ratio, where the UPS indicate
that the ratio should be one to three, i.e. approx. 5 300. In the prisons visited by the delegation,
ratio varied from one to 27 (Nagguru remand home) to more than 4 staff for each prisoner (Tororo
local government prison: 32 staff, seven prisoners) – average one to seven. The structure is paramilitary, and all staff is considered permanent civil servants.
Their living conditions were extremely difficult: out of the nearly 3 000 housing units, less than
2 000 were originally built for human habitation. The rest are improvised temporary houses.
In most cases guards work in three shifts, sometimes seven days a week. Most don’t have a
uniform. The pay levels are insufficient (530.000 USH (306 USD) for an officer in charge in
Kampala, 154.000 USH (90 USD) for a warder).
In various prisons, the Officer in charge put the blame on the staff for infringements to human
rights, explaining he could not control everything, or he was not coming everyday (Masindi).
However, in many other prisons, the Special Rapporteur noted that the management staff was
particularly dedicated, which the prisoners acknowledged by saying they had better relations with
higher grade staff. They also acknowledged that the working conditions of junior staff and their
overstaying on duty accounted for their negative attitude.
Staff in local government prisons and police staff do not receive any training to deal with prisoners
and are not prepared for that job.
Police custody
The official maximum duration of police custody is 48 hours (Constitution – art. 23 (4) (b).
However, many people were found by the delegation who had been under police custody for
weeks or even months. Conditions in police stations were generally poor, with overcrowding even
more severe than in prisons, less hygiene, less access to care. Several prisoners were ill (women
in Kampala Central Police station) or wounded. Some of these wounds were received during the
arrest (one had a bullet in the leg), or resulted from beatings and ill treatments (Kampala). –See
more details under the relevant sections below.
The existence of safe houses was denounced by some prisoners, who said they had been
detained in such places and described their detailed location (in Kampala). They alleged having
been beaten with wires and iron bars.
Torture and ill-treatment
Various structural factors increase the risk of torture or ill treatment. The “ward-leaders”
organisation contributes to numerous abuses. People who have not been trained to be warders
and who are prisoners themselves are given power over fellow prisoners. The very low degree of
awareness of the prison population as a whole, including ward leaders aggravates the situation.
The insufficient training of staff on Human Rights is also of concern. The dual prison system
hampers harmonised initiatives to prevent torture and ill treatments and leaves up-country and
isolated local prisons without much control. Officers in Charge usually agree that prisoners are not
supposed to be tortured, but acknowledge that some officers may do so. The Officer in charge at
Kampala central police station said he tried very much to resist such practices “but human beings
are human beings”.
Several prisoners complained of having been tortured by the police to extort false confession
(Kakiika prisoners reports concerned Mbarara police station; Masaka). Torture consisted in
beatings (Mbarara) or having to urinate on water connected to electric wires (Kampala central
police station). A prisoner who had escaped Mbale prison on 9 December 2001 was allegedly shot
after his arrest.
Corporal punishment is provided for in prison rules, with some restrictions (see enforcement of
prison rules section). Breaches of prison rules can result in being beaten with batons. However, the
13
practice often exceeds legal provisions: according to prisoners in Kakiika, one of them who had
been caught after an escape died at the hospital on 16th October 2001. Juveniles in Naggulu
remand home are also punished with caning when they breach the Centres’ rules. Prisoners in
Tororo prison farm, including women, also said beating occurred, in particular when capital
offenders were concerned. Caning is frequently meted by fellow prisoners appointed as leaders,
which also contradicts the rule. Women in Masaka and Luzira women prison also reported
beatings, intimidations and language abuses. Cases of women being striped naked in Luzira
Women Prison were reported by the victims to the delegation (see also Women section).
Other types of degrading treatment also occur. For example, newcomers in Kampala central police
station are made to wash toilets with bare hands. Collective punishment such as was meted on
women in Masindi and which afflicted also the baby of a detained mother clearly breach rules and
standards and are unacceptable.
Overstaying on death row amounts to psychological torture, especially when prisoners are
submitted to overcrowding and poor conditions of detention. A detention of 23 years on death row,
as the Special Rapporteur witnessed in Luzira maximum security prison, clearly amount to
psychological torture and inhumane treatment.
Vulnerable groups
Death row prisoners
Military or civil courts can mete death sentences. There is no appeal for military sentence. By law,
legal representation is compulsory for capital and life offences (Constitution art. 28 (2) (e)). The
State hence must provide lawyer for the accused, which can prove difficult in some remote areas
and causes lots of delays.
Sentenced capital offenders from all over the country are transferred to Luzira maximum security
prison, in Kampala – However, 54 capital offenders had been transferred from Upper prison to
Luzira remand prison due to congestion and were kept in disciplinary cells. 281 prisoners were on
death row in Luzira Upper, the longest time spent on death row was 23 years. One was arrested
when 16 years old and had spent 10 years in prison. There are amnesties periodically, but they do
not apply to all categories (the last amnesty was in October 2000 but applied – according to
prisoners interviewed – only to treason cases resulting in violence). Before the execution (hanging)
is carried out, the Supreme Court must confirm the sentence, which aggravates overstaying.
Executions:
1989: 3
1991:12
1993:12
1999: 28
2000: none
2001: none
1996: 3
The Special Rapporteur finds it encouraging that no execution took place in 2000 and 2001 and
urges the Government of Uganda to maintain this retentionist policy.
Visits take place for condemned prisoners at Luzira Upper prison on Mondays and Wednesdays, of
20 to 30 minutes. Their section was compact; prisoners were allowed out of their cells during all
day, but could not exercise due to lack of space. They are housed three to five per cell depending
on the blocks. They wore uniforms, and were allowed to get food from outside. Their blocks were
clean. The building was under rehabilitation to extend it.
Condemned prisoners in Luzira women prison said they felt discriminated and rejected: they were
not allowed to go to other parts of the prison than their ward, except the yard.
Capital offenders in Mbale prison are detained in very poor conditions. There are no showers in the
blocks, the roofs are leaking and threatening to collapse, taps are leaking and water is to be
brought in jerrycans.
14
Foreigners
Illegal immigrants are detained until deportation. The delegation met a 22 years old Afghani in
Kampala Central Police Station. He had spent ten months in police custody and had been
sentenced 2.5 months for his expired visa. Since there was no flight to Afghanistan, the authorities
wanted to deport him to Pakistan. Two Rwandese had been detained for three months without
charge (Kamukuzi local administration local unit). Some of them were said to be from the army, the
Internal Security Office being therefore responsible for their file.
Foreigners often find themselves without any visit nor assistance, having no relatives around.
Moreover, foreigners in Mbale and Luzira explained they could not be bailed since they had not
surety, and that their embassy was not informed of their detention or they had no contact. Two
Rwandese detained in Kamukuzi local administration lock-up explained they had to work for
officers and to beg in order to get food. Prisoners in this lock-up were not provided with blankets,
and there was no light and no toilets.
The mail – including Red Cross messages – is censored, which poses a translation problem: they
only receive messages from their families after they have been translated, which can take very
long.
No special diet was organised for them.
Women
Women represent 4% of the total prison population. Many are there because of the actions of men:
they are made to carry contraband for men, prostitution, they steal to fend for children who are
neglected by their fathers, etc. (See FHRI The Prisons Update, Volume 3, issue n° 1 June 1997).
Many are serving relatively lengthy periods of imprisonment. They are detained either in separated
wards in mostly men prisons (Masaka; Kakiika), or in separate prisons (Luzira and Mbale). It does
happen that they are not separated from men during the day, e.g. in Mpigi local prison, where they
are separated only at nights. In Tororo prison farm, they are separated from men by a light fence.
In Kasese local prison, their iron inpot (4m diameter round military barrack) was next to the guards’
office, without any separation. The Special Rapporteur noted that this was an unacceptable
situation and women needed to be separated for protection purposes.
Their accommodation conditions are usually poor (although better than men’s on the whole). The
women’s cell at Kasese police station accommodated between five and seven prisoners at a time,
for a 6 m² surface. The cell had no light and no toilet; toilets are outside. The ward in Tororo prison
farm had no lights, and poor ventilation. It accommodated 12 women and one baby. In Masaka,
they had only a small yard to go outside. In Masindi, 19 women shared in a 10 x 5 m cell (2.60 m²
per person), with two toilets and three showers in a separate room. The premises at Mbale women
prison were dilapidated. Ceilings let water infiltration and there was no light. Windows had bars
only. One cell had no ceiling at all, to let bats out. Luzira women prison was built in 1972. It has a
capacity for 78 persons, but housed 209 on the day of the visit. 62 were convicted, 141 on remand
and 6 condemned. There was no separation between remands and convicts, only their uniform
differed (green for remands, red for convicts). In some building (condemned), women could not
access the toilets at night, and had to use a bucket.
The three women in Kasese local prison complained about their sleeping conditions and the lack of
bedding. This problem was shared in almost each prison visited by the delegation, despite the
distribution of blankets that took place in some of them shortly before the visit of the Special
Rapporteur. In many prisons, women had no mattress and only one blanket to sleep, two in some
rare places. Only in one ward of Mbale women prison were beds provided. Four pregnant women
in Kakiika found it difficult to sleep on the floor with one blanket or two. In Luzira women prison, not
all women had a bed to sleep on, some slept on the floor. In other cells, they shared a mat (one to
two).
15
Some women detainees or prisoners have their baby with them. In Masindi, there was a separated
space for mothers with children. Nursing mothers and pregnant women were not getting any
special diet. Even babies got posho (maize meal) and beans, and porridge without sugar, no milk.
The three women with children did not receive any visit (and therefore no additional food) since
they were too far away from their families. One of them was ill and could not breast feed her child.
In Tororo Prison farm, one baby was staying with his mother. He got milk and sugar everyday. In
Mbale women prison, the baby got cow milk, but no diapers nor clothes. In Luzira women prison,
there were 24 kids up to 3 years, and 9 pregnant women. It was difficult to obtain a special diet for
babies, but they received milk from NGOs and the Red Cross.
The lack of variety in food was a problem almost everywhere. In Tororo Prison farm, women
complained about worms in their food. They said they were not allowed to receive anything from
outside. In Mbale women prison, they complained about not getting any sugar. Women were
sometimes allowed to cook for themselves, but this was not the case, in Masaka for example. In
Luzira women prison, women had three meals a day: porridge, posho, vegetables, beans and meat
on special occasions. (see also the food section below).
Water and sanitation were often problematic. In Kakiika, the only tap was outside the section.
Women were locked up from 18.00 to 07.00. The yard was barely large enough to have all women
sitting in it (39 of them). In Luzira women prison, inmates also deplored the lack of water and
bathing facilities.
Women in Masaka said they were beaten up for petty reasons, and that beating was the main
punishment. In Luzira women prison, they mentioned intimidation from staff, i.e. beatings and
abuse of language. They alleged that some had been beaten naked by several staff, and that one
of them had been striped naked after water was poured on her.
Their particular needs are irregularly attended to, depending on the prison. In several prisons, they
said they received no pads, no soap, no detergents or toilet paper. In Luzira women prison, soap is
distributed only every two months, but the Red Cross helps.
All women had uniforms in Mbale and Luzira women prison.
In most of prisons, women engaged in some activities. They raised poultry in Mbale. In Luzira
women prison, an adult literacy programme engaged 20 prisoners. A wide range of activities was
proposed: handicraft, needle, weaning, rags/blankets making, poultry for egg production,
mushrooms, and gardening. Radio and newspapers were allowed and women could have personal
activities including sports in the afternoon (14.30 – 16.30). However, women complained of being
locked-up too much. Those who have activities are allowed outside in the afternoon, others from
7.00 to 11.30 only, for lack of staff. They also have to eat inside.
Juveniles
There is no special court for juveniles.
According to art. 34 (6) of the Constitution: “a child offender who is kept in lawful custody or
detention shall be kept separately from adult offenders”. However, this is not always the case,
particularly as girls are concerned. There were for instance a few juveniles detained at Luzira,
allegedly for lack of screening facilities at Mulago hospital and others at Ihungu local administration
prison, for which no clear explanation could be given. There were two very young girls of 15 and 16
years of age in Kakiika women section. Juveniles in Luzira Upper prison were kept in a ward which
they shared with elderly people, ward leaders and religious leaders. There were 15 of them on the
day of the visit the youngest was 15. Some of them had been victims of sexual assaults by other
prisoners. They complained of being far from their families and mentioned drug problems. Their
reports of being victims of sexual assaults did not receive attention from prison authorities.
The delegation visited Nagguru remand home, which housed 134 juveniles, out of which seven
were girls. The initial capacity of the building, built in 1954 was 45. A majority was charged with
capital offences, including defilement (50 cases). According to the officer in charge, the youngest
16
was 12 years old. However, the delegation met with a 10 or 11 years old boy; who was there not
because he had committed an offence, but was placed there for protection. Some were more than
18, but it was deemed preferable to keep them in this institution.
Once convicted, juveniles will be transferred to a rehabilitation centre.
A number of programmes have been set-up for these juveniles:
-
Escorting them to court
-
Counselling services for newcomers, sick people and those who have spent a long time on
remand or the convicted. The purpose is to make them cooperate with the institution.
-
Family tracing and resettlement (which involves determining where they were staying
before imprisonment and what problems they faced). This is conducted in cooperation with an
NGO known as “Give me a chance”.
-
Training in life skills such as carpentry, needle, art, etc.
-
Moral and spiritual rehabilitation
-
Formal education at primary school level. However, they did not pass tests, as they did not
take the entire syllabus, since they didn’t stay in the Centre for long periods.
Gardening
The children received three meals a day. They requested that their diet be changed. They did not
get meat, except on celebration days. The main problem in the centre are, according to the officer
in charge, understaffing and overstaying. The maximum period should be six months, but some
have been here for more than a year. A boy facing a capital charge had been there for two years,
despite the rule saying that the maximum remand period in such case should be three months. The
situation had improved during the past year, with the help of a legal aid clinic which gave legal
representation to capital offenders. However, children complained of these lengthy remand
periods. Some had not been presented to Court since they were charged.
The buildings were dilapidated, some doors locks and windows were broken, roofs were damaged.
In the dormitory for minor offenders (boys), there where 30 bunk beds (60 sleeping places) for 68
boys. The room was 72 m² and equipped with one toilet and two showers. Sheets, blankets and
pillows were provided, but they were old. In the second dormitory, there were 17 bunk beds (34
sleeping places) for 58 juveniles. Some had to sleep on the floor.
Boys and girls were mixed during the day, under supervision.
Specific needs of girls were not attended to: they did not receive sanitary pads.
Most went to school Monday to Friday, in the morning, but some were too old and did not attend.
There was no sport or exercise, despite the existence of a playing ground.
Juveniles deplored the lack of books. Some said their parents were not informed of the
whereabouts. Communications with outside is difficult, since there is no phone and it is difficult for
the ones detained far from Kampala to receive letters.
Leaders inflicted caning as a punishment (three strokes), and when leaders themselves were
punished, they received 10 strokes.
Other vulnerable prisoners or specific groups
The delegation was informed that prisoners aged over 52 should be released. However, people
above the given age limit are still found in the prisons (Mbale and Luzira prisons, for instance) as
they are illiterate and do not know their rights. A 62-year-old prisoner in Mbale police headquarters
said he wanted bail, but had nobody to stand for him as his family lived far. There was an 89-yearold man in Luzira, and several others above 70.
17
It seems that mentally ill prisoners do not get the attention and care they deserve. Most of ward
two prisoners in Luzira maximum security prison suffered mental disorders, and were not attended
to. Five mentally ill were kept under police custody at Kampala central police station.
Five prisoners in Luzira prison are said to be political prisoners, and detained separately for
security reasons.
Discriminations
It appears that discrimination based on ethnic origin does take place. Prisoners in Masindi and
Mbale prisons, as well as Kampala central police station mentioned it. They explained that their
relations with guards and ward leaders depended on their ethnic group. Prisoners in Mbale said
Iteso prisoners were privileged. Communication problems with people of some tribes were
mentioned in Mbale and Luzira upper prison.
Condemned prisoners in Luzira women prison said they felt discriminated and rejected: they were
not allowed to go to other parts of the prison than their ward, except the yard. Condemned
prisoners at Luzira Upper prison seem to be discriminated by doctors at Mulago Hospital. Doctors
allegedly look at them as if they were animals.
Buildings and housing
Cells
Most of the premises were built in the 1920’s for a much smaller population. The accommodation
capacity of UPS’ 47 prisons is c. 8 000, against a prison population of more than 16 000. Prison
rules say that prison accommodation should allow 4 square feet per prisoner but this is impossible.
Acute overcrowding in many facilities was aggravated by the fact that some of the remote, rural
facilities were under utilised as they are inaccessible to the courts. The most common feature was
dormitory accommodation. Premises were usually dilapidated. In Luzira remand prison, there were
infiltration problems in several wards, and the ceilings were about to collapse. Some wards were
also affected by nearby kitchen’s smoke and others were extremely hot, due to the absence of
ceiling. The general state of the premises was extremely poor, with defective taps, leaking roofs,
etc. Mpigi local prison was built in 1940, and was not meant initially to be a prison. It was not well
maintained, and conditions were very poor. Mbale prison was built in 1956, and was in dire need of
repair (sick bay building was rotten, some buildings and roofs were threatening to collapse at
capital offender’s section, roofs were leaking). Mbale women dormitory and Tororo governmental
prison were in the same conditions. The local administration prison in Tororo held eight prisoners
only and was falling in ruins.
The prison administration is trying to improve prison conditions by building, renovating or extending
premises. Works had been completed in Masindi and Masaka with the support of respectively
Austrian and Danish governments; more was underway or about to start at Murchison Bay and
Luzira Upper prison.
Overcrowding primarily affected prisons near the courts and remand sections, but people could not
be transferred to less crowded places such as prison farms until they were sentenced. Luzira
upper prison was severely overcrowded, with 2 049 persons for an accommodation capacity of
668. One ward had 3 m² cells, housing two or three prisoners. Some prisoners had to sleep in
corridors. Murchison Bay open prison accommodated 1203 prisoners, for an upgraded capacity of
601 (initial capacity: 475). For example, a dormitory of 12 x 5 m (60 m²) in block A housed 53
persons on the day of the visit, and could accommodate up to 70, while the initial capacity was 20
persons. Mpigi local prison faced severe overcrowding: less than 0.5 m² per person – or even more
occasionally, with up to 44 people in a 16m² cell, i.e. 0.36 m² each –, no blankets, no mats, no
toilets… Prisoners were locked-up for lengthy hours (8.00 to 13. 00 and 16.00 to 6.30) due to the
lack of staff. Some wards at Kakiika prison offered less as 0.40 m² per person and overcrowding
reaches 370% (749 prisoners – accommodation capacity of 159). The yard was not large enough
18
to contain all prisoners, even standing. In Masindi prison, the number of prisoners (553) more than
doubles the accommodation capacity (268). Same in Mbale with 811 prisoners for a capacity of
376. At Kamukuzi local administration police unit, on the week of the visit, 17 to 19 people were
detained in a 9 m² cell, i.e. about 0.5 m² space per person. It was reported that the week before, 30
persons were kept in the same cell (0.30 m² per person). According to the register, 29 persons
were kept on 19 February 2002. At Kampala central police station, people under custody can be
kept by groups of up to 30 or 40 people in 10 m².
Blankets are usually distributed, most of the time by ICRC. However, not all prisoners do get one.
There were 20 blankets for 100 persons in Masaka prison. Prisoners had two each in Kakiika
prison women section, but had to share one blanket for three people in other places, such as
Kakiika prison male sections, Luzira remand. In some places, they were provided by the ICRC, the
FHRI, or relatives (Masindi, Mbale, Luzira), which did not necessarily entail that each prisoner has
one (for example, new comers in Luzira Upper prison). Some were in poor condition (Masindi).
Prisoners seldom have beds, sometimes mats (Luzira remand). Prisoners in Mbale said that mats,
blankets, buckets and toothbrush that had been given by the Red Cross in March 2001 had not
been distributed, and that they had to buy jerricans, buckets, bulbs, plates, etc. Those who could
not afford buying a blanket slept uncovered; sheets were not allowed. Prisoners in Tororo local
administration prison had no blankets at all. They only had bamboo mats. In Tororo prison farm,
blankets were distributed the week before the visit of the delegation.
Ventilation was not always sufficient. This was true the case with Tororo prison farm, especially in
the remand wards, where shutters were kept closed, at Luzira, due to congestion, at Kasese police
station and Mpigi local prison. It was also the case in Kakiika where prisoners complain that cells
become very hot. This is all the more problematic as prisoners often stay locked inside more than
half of the day for security reasons (due to lack of staff and the compound not being properly
secured).
Electric light was often lacking in police stations (Kasese police station, Kampala Central), or
during the night in prisons (in Masindi, there was no light to go to the toilets at night). On the other
hand, it was left on all night in some wards at Tororo prison farm and in Masaka. In Luzira upper
prison, lights are switched off by rule at 10.00 pm, but prisoners could do it themselves at any time
by separating electrical wires. However, some wards had no bulbs. The wards accommodating
juveniles, elderly people and the one for religious leaders were dark. In Luzira remand, electric
wires were also in a poor state. Electrical device were generally deteriorated (e.g. bare wires) and
constituted a real danger of electrocution or fire in many places (Luzira remand, Mbale F block):
prisoners would for instance switch of the light by manipulating the wires, while water would leak
from the ceiling.
Conditions in police stations were usually difficult. At Kasese police station, there were no
windows, hence no fresh air, whereas 15 people were in the cell on the day of the visit, and up to
18-20 could be there on other occasions. At Mbale police headquarters, the premises were dirty
and smelly. There was almost no light and prisoners said they were becoming blind. They had no
blankets and nothing to sleep on. One of the cells in Mbale police headquarters had nine detainees
in 10 m², i.e. 1.1 m² per person. In Kampala central police station, prisoners had less than 0.5 m²
per person. Some cells did not have any light, if at all, through a very small window.
Disciplinary cells
Isolation in a disciplinary cell for a limited period is provided for in prison rules as a punishment in
the prison rules. There were 18 individual cells in Luzira upper prison, 5 of which were used for
isolation purposes. Five persons were detained there on the day of the visit, four on remand – one
of them for eight years – and one convict; according to the Officer in Charge, they were political
prisoners and were kept here for security reasons.
Other places had punishment cells, but they were not used (Murchison Bay). One of the six in
Luzira was open to use. Those punished, according to prisoners, did not receive water and visits
19
were suspended. Isolation cells in Masaka could be used for up to two weeks, but punishments
were usually no more than two or three days and were assorted ranging from penal diet to
prisoners not being allowed to get out of the cell.
An isolation cell in Kampala central police station was used as punishment for those refusing to
clean the toilets with bare hands.
Kitchen
The poor state of the kitchens usually made it impossible to prepare more than one meal a day for
prisoners. Luzira remand was an exception, having five modern wood stoves donated by the ICRC
in 1999, which permitted to prepare food quickly and to serve three meals a day. Murchison Bay
used to be equipped with such stoves, which required only one hour to cook food for all prisoners
and allowed for three meals to be served. However, they were only used between 1990 and 1993,
and are not any more for lack of fuel and electricity.
Moreover, sewage deficiencies, insufficient water supply and lack of equipment prevented food
from being prepared under hygienic conditions. The absence of energy saving device – with an
exception in Masindi and Luzira Upper prisons– entailed incurring high costs in the purchase of
firewood. This is aggravated in some cases by transportation problems suffered in bringing the
firewood to the prison. The kitchen in Mbale was dirty and had sewage problems. There was only
one tap, and three clay-stoves. The Kitchen in Tororo prison farm was also dilapidated. It was
under a mere shed, which caused problems when the wind was blowing. Luzira maximum had no
proper kitchen; it had two boilers (only one was working) donated by the ICRC; six steam pots and
firewood stoves. The place was clean. 70 prisoners worked there night and day. The kitchen at
Kakiika prison was very basic and smoky. It had only two taps, and cooks had to use drums and
jerricans.
Religious facilities
In most prisons, a room was dedicated to religious activities, but could also serve other purposes.
The hall in Mbale prison served for religious celebrations. One of the wards at Tororo prison farm
was not used and served as a mosque. In Murchison Bay, each block had room used as a church
and classroom. There was also a church in Luzira remand.
Library
There was a library in Luzira, but it had no books, only newspapers and numerous religious
publications. In many prisons, prisoners deplored the lack of books and reading materials.
Health and Hygiene
Health
General situation and structure
There are medical services both in the prisons under the Ministry of Justice and in the police
stations under the Ministry of the Interior, but not in prisons that are managed by local government.
The patients in these prisons are transferred to the nearest public health centre.
Infirmaries receive monthly supplies based on the statistics of the preceding month provided by the
Health Department. However, the delegation noticed that some prisons that were very far from
Kampala did not regularly come to pick up their allocation of drugs. This is explained by the fact
that transport costs to collect the parcels of drugs in Kampala are very high, sometimes much
higher than the actual monetary value of the parcel to be delivered.
20
It should be noted that medical care is provided free of charge in the Ugandan Public Health
Centres. Thus, for instance, in the prison farm of Tororo, situated 200 km from Kampala, prisoners
are regularly treated with medicine obtained from the district dispensary. This is facilitated by the
fact that the same health personnel who manage the prison infirmary also manage the district
health centre. On another level, the NGOs that combat AIDS help the medical departments of
prisons through donations of drugs to treat opportunistic diseases that attack AIDS sufferers. This
assistance, although irregular, relieves the infirmaries to some extent.
Three quarters of staff in the medical departments of prisons are simply seconded by the Ministry
of Health and are therefore not part of the prison administration staff. Due to their difficult work
conditions and lack of incentives (housing, means of transport, etc.), many of these seconded
employees had already successfully tried to return to their original department. Contrary to the
police, prisons have not started to recruit their own health staff. The medical service of Masaka
prison, for instance, was classified as Grade 2 due to the size of the prison, and should therefore
have had a doctor as its head. But due to lack of personnel, a nurse was still managing it. The
same situation existed in the prison farm of Tororo and the other regional prisons. The police
medical departments practice a permanent health staff recruitment policy. Thus, six new doctors
were recently recruited. They were going to complete their police training very soon and were
going to be assigned to jobs inland as chief medical officers for the police of the Region.
There were no means of transport for sick people (ambulance) in any of the prison health centres.
At best sick people were transferred to hospitals in a prison vehicle or by public transport. In most
prisons visited inland, sick persons would have to walk to hospital if they could to receive
treatment. At Masaka prison, for example, sick persons who needed to be transferred had no other
choice than to walk 1 km to the district hospital. The infirmary’s bicycle used to transport patients
who could not walk had broken down several months earlier. The lack of means of transport
explains in part the delay in transferring sick people to hospitals, which was one of the main
complaints of the prisoners when they spoke to the Special Rapporteur with her delegation.
With the exception of the model prison hospital, nearly all prison infirmaries are installed in
improvised premises. The space allocated to these infirmaries in prison is usually so small that
they do not have an adequate consulting room or quarantine rooms for patients with contagious
diseases and sometimes not even toilets. This lack of a consulting room where patients can be
seen, with respect for their intimacy and private life is a bigger problem in the large prisons where a
relatively greater number of prisoners daily request the services of the infirmary. In Mbale and
Masaka prisons, which held respectively 811 and 668 prisoners on the day of the visit of the
Special Rapporteur with her delegation, the medical staff had a lot of difficulty consulting and giving
treatment in a single room. This undoubtedly affected the quality of the medical consultations,
which the doctors had to make as short as possible. For this reason, the management of Mbale
prison and their families, who should have been able to use the infirmary, never went there. In this
infirmary, the office that is used as a treatment room is so small that a bed will not fit into it. It is
thus in the only room for hospitalization that consultations are held, on a bed that is not separated
from the other patients’ beds even by a simple screen.
According to the prison rules, the superintendents of prisons in which there are detainees who
require a special diet for reasons of health must apply to the Director of the Prison Health
Department. The latter should deal with the issue through the administrative and financial services
of the Department and contact the prison superintendent once he has obtained the requested
means. In practice, this process has never worked well, as it is too slow and sometimes ends
without a favourable result. Thus, some superintendents simply decide to make the sick persons’
families contribute whenever possible, while trying in their turn to increase the quantity of rations
served to these sick prisoners.
The health policy in the field of HIV screening has been reviewed in Uganda. Until recently, the
AIDS test was not only free of charge for everybody, but the medical corps also had the power of
requesting it systematically for any persons who showed signs of the disease. Today however, the
medical corps is requested to work on the basis of the clinical signs of the disease, and the test is
21
used only as a last resort. Its cost of about US$1 is very modest, but is still out of reach of most
detainees. This fact explains why some people with AIDS are never tested, and yet this would help
the medical corps to know the serological status of their patients in order to provide better
treatment for them. The efforts of NGOs like TASO to encourage voluntary testing for AIDS among
prisoners through its various branches, are of course praiseworthy but remain insufficient within the
prisons. During the conversations between the delegation and the prisoners, many of the latter
asked to be screened for AIDS, voluntarily and free of charge. At Murchison Bay prison, prisoners
expressed their wish to the delegation for a law to be adopted allowing those of their colleagues
who were in the terminal stages of AIDS to be released, to be able to die at home.
A study on the causes of death in Ugandan prisons, covering a period of 10 years (1985 – 1995)
identified tuberculosis as being the main cause of death in prisons. In an interview published in
« Prisons in the New Vision 2001-2002 » the Director of the Prison Health Department indicated
that the risk of contracting tuberculosis in prison is around 15 times greater than outside prison.
The same source reports that 34% of deaths in prison are due to pulmonary infections, including
tuberculosis. Current overcrowding in nearly all the prisons, some of which hold three times their
capacity, the absence of quarantine rooms for persons with contagious diseases and the delay in
diagnosing tuberculosis sufferers are at the root of the persistence of this disease in Ugandan
prisons.
The infirmaries visited, especially inland, mostly lacked equipment and medical materials. None of
the inland prisons visited, with the exception of Tororo prison farm, had any sphygmomanometers.
Several detainees expressed their concern in this regard, knowing they had high blood pressure
before entering prison, but no longer being able to monitor their blood pressure.
Medical services in prisons
The UPS medical officials acknowledge that 90% of deaths that occur in prison are of remand
prisoners, and that 50% of these occur within the first year following admission. According to ICRC,
20% of prisoners die during their first year of detention.
Until 1976, the administration of health care for detainees was the responsibility of the Director of
Health in the District where the prison was located. In 1977, the Minister of Health decided that
from then on all the medical staff of the Murchison Bay Hospital in Kampala would handle prison
health matters while still being in the employment of the Ministry of Health. It was only after this
that the prison hospital started to have a permanent medical staff. Two years later, the Prisons’
Health Department was created under the direction of Dr Denson Nyabwana. In March 2002, he
had five full-time assistant doctors working in the medical departments of Kampala’s prisons and
nearly one hundred paramedics of different grades and status, working in different prisons
throughout the country. Each of the five prison doctors is responsible for several regions which
they must visit whenever necessary.
Two doctors, one of whom is a dentist, 14 paramedics and a laboratory technician work full-time at
the Murchison Bay hospital. A psychiatrist works there once a week. This hospital is situated within
the premises of the prison of the same name and has a capacity of 54 beds. It serves as a model
hospital for all the central government’s prisons and houses the central pharmacy.
Built in the 1940s, this hospital is still in a good state of repair. It has offices for the staff and
reception areas where newly arrived patients are dealt with; the hospital is structured in three units,
one on each of the three storeys of the building. The 1st floor houses the unit for people suffering
from diarrhoea (12 beds on the day of the visit) and the central pharmacy; the 2nd floor contains
the patients with non-infectious diseases (14 beds); and on the 3rd floor are the patients with
tuberculosis (15 beds). The surgical unit, which is just being built, is on the 2nd floor. At the time of
the visit of the Special Rapporteur with her delegation, seven patients were in the unit for diarrhoea
sufferers, ten in the wing for persons with non-infectious diseases and ten in the tuberculosis unit.
22
Prisoners expressed concerns at having to share razor blades which could contribute to the spread
of HIV/AIDS.
The January 2002 statistics indicated that out of a total of 573 patients received by the hospital in
2001, 95 had malaria, 90 had respiratory infections, including tuberculosis, and 65 suffered from
diarrhoea. There were thirty-nine deaths at the hospital during 2001, and there has been one case
since January 2002.
The hospital possessed the minimal material and equipment necessary to function properly.
Seriously ill patients who could not be treated locally were taken to the national hospital of Mulago.
There is a project to extend this model prison hospital. One of the multi-storey prison buildings in
front of the hospital has already been earmarked for this purpose. With refurbishment and new
equipment the number of beds in the hospital should be increased to 200.
The maximum-security prison of Luzira has an infirmary, which is headed by a doctor assisted by
eight paramedics. They see on average 120 patients per day. In January 2002, about 1,932
persons consulted in the infirmary, about 1,385 of them being new patients. The premises of the
infirmary contained an office for the doctor, a pharmacy, a waiting room for patients, a room for
treatment and observation rooms for those who were sick.
When the delegation of the Special Rapporteur visited, there were ten patients in quarantine room
No. 1, which contained only four beds; four patients were in one of the two rooms for those
suffering from diarrhoea; and nine patients were in the two rooms for people with tuberculosis. This
last unit had 20 beds in a good state, with mattresses. In an individual quarantine room there was a
leper who had all the medication he needed for his treatment. Some of the infirmary’s rooms, such
as the room for treatment and the doctor’s office, had had no electricity for the past three months.
The diseases which predominated in that prison according to the monthly statistics of February
2002 were malaria, respiratory infections and diarrhoea. There had been in all 11 deaths since
January 2002.
When the delegation spoke to the prisoners, they complained of sometimes being obliged to carry
the corpses of their co-detainees who had died, without being supplied with appropriate protection
(gloves) by the prison authorities. Furthermore, they informed the delegation that the medical
reports, which should be included in defendants’ files, are often lost in the machinery of the justice
system. Finally, the detainees made allegations of corruption against some doctors who accept
bribes to confirm the age of those who claim that they are minors or to prescribe a special diet.
The prisoners complained that they received no assistance if they fell ill at night, and that the
doctor did not see them as often as the prisoners in other sections. Condemned prisoners in
maximum security unit said that more than six of them had died in two months (January-February
2002). They complained of being looked at like animals by doctors, and of not being taken
seriously when taken to Mulango hospital.
At the women’s prison of Luzira there is an infirmary with a full-time nurse and her assistant. A
doctor came twice a week for consultations for seriously ill patients. In the hospitalization room,
each of the seven patients had at least a mattress. Two of them were ill with AIDS. Three others
who were terminally ill with AIDS were hospitalized in the city hospital. In the second room, two
mentally ill patients were receiving treatment.
Nine pregnant women and 24 babies who were in the prison at the time of the delegation’s visit
had been given all the necessary vaccinations.
At Luzira remand the infirmary, employing two qualified nurses and two assistants, contained a
consulting room, a room for treatment and two observation rooms. Of the 25 beds in these
23
observation rooms, only six were still usable, all the others having become unusable due to wear
and tear.
In all, 115 HIV positive persons were registered in this prison during the year of 2001. Most of them
knew they were HIV positive before they went to jail.
The prison medical staff expressed the wish to have a room fitted out specifically for newly arrived
prisoners. According to them, these newcomers are often carriers of contagious diseases that can
spread within the prison. Prisoners confirmed that due to congestion, incoming prisoners could not
be segregated which contributed to the spread of disease. They also complained of being given
expired medicine.
In Mpigi local prison, sick prisoners have consultations in the hospital which is at a distance of
500m Those who need to be hospitalized are admitted to Mulago hospital.
On the day of the delegation’s visit, there were six patients in bed, one due to high blood pressure,
one with asthma, and three with secondary infections in traumatic wounds on their limbs received
while working in the fields, a job which prisoners are obliged to do. Another one had multiple
fractures which occurred when he was arrested. He had been to the hospital and had the fractured
part bandaged.
The prisoners told the Special Rapporteur that they were forced to work regardless of the state of
their health. Furthermore, they were only given painkillers when they were taken to hospital for
consultation. About 30 persons were not working on the day of the visit and looked really
exhausted.
At Masaka prison, two qualified nurses, who had been seconded by the district hospital, were in
charge of the infirmary, which had a consulting room that was also used as a room for treatment
and hospitalization. A doctor would come at irregular intervals to the district hospital to see those
who were seriously ill. There was no quarantine room for contagious illnesses and the observation
room contained neither beds nor mattresses.
In this prison, which had 668 inmates on the day of the delegation’s visit, i.e, three times its
capacity, some diseases such as scabies, diarrhoea and tuberculosis were rife and practically
endemic. There were 40 sick persons under observation on the day of the delegation’s visit, i.e.,
twice the capacity of the observation room. Seventeen of them had diarrhoea and eight had
scabies.
In all, 20 persons were known to be HIV positive, of whom 17 were prisoners and 3 were guards.
The test, which was voluntary, was preceded by counselling in which the health personnel of the
infirmary took active part. The test was offered by an NGO called TASO « The AIDS Support
Organism », which also provided some food for those who were HIV positive. The main problem at
this level was the fact that the test was not free of charge, which meant it excluded needy
detainees. No HIV test had been carried out in that prison in 2001. Three of the six detainees who
had done the test the week before the visit of the Special Rapporteur were found to be HIV
positive. Six of the 21 deaths, which had occurred in the prison in 2001, were due to AIDS.
Awareness raising sessions about AIDS for the prisoners were only sporadically carried out in this
prison, although it had the necessary didactic material, including a video. According to prisoners,
the last programme took place end of 2000.
The prisoners said that they were sometimes the victims of discrimination or verbal aggressions
when they went to the district hospital for treatment.
At Kakiika prison a room of 3 to 4 m² serves as an infirmary for the prison. The two nurses who
work there see on average 30 patients per day. The most serious cases are taken to the central
prison of M’barara where they have fitted out a space to receive all the sick prisoners coming from
other prisons in the region. This prison is contiguous to the regional hospital. On the day of the
24
delegation’s visit, 98 sick prisoners, of whom 17 had come from the prison of Kakiika alone, were
being kept in this place, under the surveillance of the hospital doctors. At present, this unit
contains more than four times its real capacity, which is 50 places. Prisoners complained that they
were taken to hospital only when they are about to die. A child died in Kakiika prison in February
2002.
The Superintendent of the Kakiika prison took the salutary initiative a few months ago of contacting
Dr Gerard Jeger, a dermatologist, and his wife, a general physician, who accepted to consult and
treat the sick prisoners as a purely humanitarian gesture. Dr Jeger comes once a month and his
wife once a week. This couple’s help has considerably reduced the number of sick persons who
are taken to hospital.
At the local prison of Kasese, sick people were evacuated to the village health centre at a distance
of around 800m. When the delegation arrived, at 3:30 pm, four sick persons had not been able to
go to work in the fields because they were too ill. Three of them had secondary infections in
traumatic wounds on their limbs, which they had received during their daily work in the fields. None
of these sick persons had received any treatment so far.
Among the group of prisoners who came back from the fields while the delegation was still there,
there were at least three whose poor state of health would have justified not going to work that day.
Two of them had septic traumatic wounds on their feet and hands respectively, with serious local
inflammation, and the third had a secondary infection on a post-operative wound after having had a
bullet extracted from his right thigh. This surgical operation had been carried out only two months
before.
A woman was going through about of malaria with a temperature of 40°C, and was therefore lying
in her cell. It appears that she had been in this state for 48 hours but had not been taken to see the
doctor nor received any kind of treatment. The Special Rapporteur made sure that the patient was
immediately taken to the infirmary to receive the emergency treatment that she needed.
The prisoners’ main complaint during their talk to the delegation was that they were forced to work
even when they were unwell.
At Masindi prison, the infirmary had a consulting room, a room for treatment and an observation
room, but without either beds or mattresses. The nurse and his assistant who worked there lived in
the housing for prison staff built a few meters from the infirmary. All the prison premises, including
the infirmary, were new, as they had just been rebuilt.
The prevalence of illnesses was similar to that of other prisons, with however a small number of
cases of scabies. Of the 468 patients admitted to the infirmary during February 2002, 98 suffered
from malaria, 59 from diarrhoea and 83 had respiratory infections. On the day of the delegation’s
visit, 24 prisoners had been found to be HIV positive. Prisoners complained of having to pay those
who take them to hospital. They further explained that a prisoner with TB had to pay for his
medicine.
There had been 12 deaths in the prison in 2001 and seven since January 2002.
There were in all three mentally ill people in prison, one of whom had been awaiting trial since
1993. The latter is said to have been taken to Kampala once where he underwent treatment for a
year. After this he was brought back to Masindi, in spite of his health not having improved much.
The prison of Mbale, which serves the entire eastern region, has an infirmary. However, the
premises are dilapidated and consist of only a small office, in which not even a bed would fit, and a
room for hospitalization that is also used as a consulting room; there are no drugs. Two qualified
nurses work full-time and a doctor, who is housed by the prison, works there whenever required.
The prison superintendent often buys prescriptions for very urgent cases himself, as the infirmary
is always running out of drugs.
25
Although there were 811 inmates in this prison on the day of the delegation’s visit, the infirmary
staff had no statistics on the number of cases of AIDS in the prison and was not even capable of
making an estimate. Two sick persons had been hospitalized in the regional hospital, one with
tuberculosis and the other with meningitis.
The detainees told the delegation that there were many cases of prisoners who needed to be
operated but who did not have the means to pay for treatment. This was notably the case of a 32year-old prisoner with a large bilateral inguinal hernia, who had been referred for an operation
since 12 October 2001. According to the prisoners, seven inmates suffered from hernias.
Prisoners complained that whenever the doctor recommends special diets, warders at the
reception would give their own conditions for allowing the prisoners have the special diets, for
instance they could ask for money before they allow these special diets to be given to the sick
prisoners.
In the women’s section of Mbale prison, a nurse worked in the small infirmary, which contained a
reception room and a room for treatment. Because there were only a few detainees, the prison
superintendent was able to buy urgently needed drugs when these were unavailable from the
infirmary’s pharmacy. The nurse helps women in labour. Two births were expected in prison in
March 2002. In all, there were seven cases of AIDS in the women’s section, but four had been
released in the preceding weeks because of poor health. On the day of the delegation’s visit, the
detainees were preparing for the visit of the TASO team for voluntary HIV screening on the 25th of
March 2002.
At the Tororo prison-farm, three qualified nurses and two assistants worked in the infirmary. Only
one assistant was a permanent prison staff member. The infirmary had sufficient space, but the
infrastructure, dating back to 1960, was dilapidated and lacked equipment (beds, mattresses) and
functioning toilets. Ten patients were under observation on the day of the delegation’s visit, two of
whom had tuberculosis. Complicated cases are transferred to the regional hospital of Tororo or to
Kampala. The lack of means of transport to evacuate sick persons appears to be one of the
problems that are cause for concern in this prison-farm, according to the medical team.
The medical service in police stations
The Director of the Police Health Department is a general physician who is also a police officer. He
has in all nine assistant doctors, six of whom have just finished their police training. The latter were
getting ready to be assigned to inland regions. In all, 70 police stations had operational infirmaries.
All the medical staff of the police are police officers.
The most important health centres within this corps are: (1) the police clinic of Nsambya, (2) the
clinic of the Masindi police training school, and (3) the clinic of the Nagune mobile police patrol
unit.
Malaria, respiratory infections and diarrhoea were the main pathologies. People with AIDS are
transferred to the « AIDS Control Programme », in the Police Training Centre of Kibuli. Cases of
tuberculosis are transferred to the police clinic of Nsambya.
At the central police station of Kampala, a nurse works at the police station’s infirmary situated in
one of the rooms of the main building. Her work finishes at 2 pm, and from that time until the
following morning; the police clinic of Nsambya is responsible for any health-related problems
among suspects. A police doctor comes once per week to see serious cases.
During the delegation’s visit to the cells, six suspects were in bed, two with diarrhoea, three with
shock and traumatic wounds that had occurred during their arrest, while one had been shot a week
before and had a bullet lodged a third of the way down his lower right leg. The bullet had not yet
been extracted and the delegation recommended that the patient be transferred to hospital to
26
receive appropriate treatment. The infirmary had basic work materials, but its stock of drugs
appeared to be insufficient to meet its needs.
At the Masaka police station the suspects who are ill are transferred to the police infirmary situated
in the police centre at a distance of 800 m. Three assistants nurses work in this infirmary, whose
purpose is to serve the police staff and their families. There are no statistics available about
persons transferred from the police station to this infirmary, but those in charge said that there
were not many cases of sickness among arrested suspects.
The authorities at the local police station of Mbarara said that sick persons are transferred to
hospital when necessary. This information, however, was not confirmed by the suspects who
complained of being given insufficient food, and said this had affected their health. Six out of
eleven suspects had clearly lost a considerable amount of weight to judge from the size of their
waist.
In the police station of Kasese, the infirmary is a small office fitted out within the police centre, at a
distance of 1 km from the station. A qualified nurse and one assistant work in it. The infirmary
serves the police staff and their families, and eventually suspects. The general hospital is a
distance of about 65 km. It was observed that this infirmary is open for only a few days each month
to distribute its allocation of drugs. The rest of the time, the infirmary remains closed and the chief
nurse works in the police station in his twofold capacity as police officer. Further to talks with the
suspects, it was found that none of them knew about the existence of the infirmary. However, they
did say that the chiefs of police always managed to buy painkillers for those suspects who were ill
and did not have families to help them.
At Mbale Police Station, the suspects said that the most seriously ill persons were always taken to
the police infirmary in the police centre or to hospital for treatment. Only one said that he suffered
from reduced vision because of having been kept in a cell for such a long time. The others said
they had no illnesses.
The medical service in the juvenile prison of Nagguru, under the Ministry of Gender, Work and Social
Development
The infirmary in the juvenile prison of Nagguru (which had about 134 detainees on the day of the
delegation’s visit) is managed by an assistant nurse. She does not receive any drugs from the
supervisory department or any other departments. Normal operation of the infirmary is ensured by
regular assistance from the Italian NGO COWA, which supplies drugs and food for the patients.
Furthermore, a doctor from this NGO comes to the infirmary once a week.
Serious cases are taken either to the private clinic of Namela or to the Naguou clinic in Kampala.
COWA pays all the expenses for the treatment of the patients transferred to these clinics.
Awareness raising among juveniles with regard to AIDS is also carried out with the support of this
NGO.
The prison has had two deaths in 2002, one from tuberculosis and the other from epilepsy. The
prison authorities requested the ministry responsible for prisons to allocate a budget for the
purchase of medicines and to second a qualified nurse to manage the infirmary.
Water, sanitation, bathing and toilet facilities
Article 39 of the Constitution states that “every Ugandan has a right to clean and healthy
environment”. This is clearly not the case in Ugandan prisons.
Soap provision is insufficient – sometimes non-existent – and detergents are seldom distributed.
Most often, soap availability depends on external donations (Red Cross, NGOs, relatives) or on
prisoner’s capacity to buy it. In several places, prisoners washed themselves only with water
(Tororo local prison, Mbale police headquarters, those in Masaka whose relatives live too far to
come). Women in Masindi had got no soap since 1st December, while others had got three bars
(six pieces in a bar) for 26 persons. Men in the same prison said they had not received any soap
27
from the authorities since the Ebola Epidemy in December 2001. The Officer in charge explained
that this was depending on funds available. In Murchison Bay, relatives were allowed to
supplement whatever was needed, including soap. Cleaning materials are lacking including at
police stations.
Toilets are usually insufficient, located next to the cells and dormitories. Prisoners have to use
buckets at night (Luzira Upper and condemned section). Sometimes, these buckets are also used
for other purposes, like washing cloths, bathing… (Kasese police station). There are some pit
latrines (Kasese local prison, Tororo local administration prison). In Mbale, the state of toilets and
showers in men’s wards ranged from dirty to very dirty. Prisoners at Masindi and Kampala central
police station complained for having to clean the sewage with bare hands – however, the nurse
said gloves were provided. Some places are totally deprived of toilets, water and shower (Luzira
Upper – C).
Showers are scarce (none in Kasese local), usually located outside the cells. Taps were often
leaking. There was no bathing facility in Tororo prison farm, not even basins or jerricans, according
to prisoners. There was no shower in the men’s section in Kakiika.
Water can also be lacking (Tororo prison farm, Kakiika), which lead to smelly toilets or problems
with the bathroom (Masindi). The taps were leaking or broken in Murchison bay, as well as in all
wards at Mbale prison,. In Kasere local administration prison, there was no water in the compound,
and prisoners had to go to a nearby farm to get some. Masindi had an electrical pump for water, as
well as tanks to save rainwater. However, the pump had a low capacity of work, and power came
irregularly; therefore, prisoners had to carry water when the pump was not working, and supply
was not always sufficient. Water pressure in Luzira upper prison was frequently insufficient. Some
wards had no water during the night. Others had water tanks provided by the ICRC. There was at
least a tank in each building. Murchison Bay and Tororo prison had problems with pipes and
sewerage systems all over the prison. The average number of prisoners per toilets (with no flush
most of the time) ranged from 25 to 75 (average 45) and of prisoners per shower from 20 to 111,
while Totoro and Kakiika had no shower at all.
The situation is usually worse in police stations. At Kamukuzi local administration police unit, there
was no shower, no toilet (prisoners had to use buckets at night), the only light was a candle and
ventilation was insufficient. Detainees could not wash themselves, except when they went to do
some washing up for officers. Prisoners in Mbale police station did not get any soap, and said they
were sometimes prevented from washing themselves. They had to urinate in a basin through the
door’s bars. During the day, they could go to the toilets, or would perform their natural needs inside
and throw it outside through the bars. In Kasere police station, only the ICRC provided cleaning
material. The situation was similar in Kampala central police station: no soap, the buckets had
been recently distributed. These two paragraphs show that sanitation facilities are generally very
poor in Uganda prisons. Government is urged by the Special Rapporteur to pay great attention and
monitor police cells which are a big hazard to detainees and suspects.
Lice, cockroaches and other insects are found in several places (Kakese police station, Luzira
upper prison), as well as rats (Tororo prison farm). Mosquitoes were mentioned as a problem in
Tororo prison farm, women prison in Mbale, Luzira remand & women prison, Murchison Bay.
However, some prisons, although dilapidate are kept clean (ward 9 in Luzira upper prison,
Murchison Bay).
Food
Food is usually comprised of posho and beans, sometimes supplemented with vegetables. In
some places, cassava is the main ingredient (Tororo local prison). In many prisons visited by the
delegation, food is only distributed once or twice a day (Luzira, Mbale, Murchison Bay, Masaka).
Three meals are provided at Nagguru remand home, Luzira remand, Luzira women, Mbale women
28
and Tororo. The lack of cooking facilities, of firewood and of funds to buy food account for this.
Quality and variety is almost systematically subject for complaints. Prisoners in Tororo prison said
they found worms in the food and that it was half-cooked. Quantity is clearly insufficient in some
places (Mbale, where prisoners were very thin, Masindi, Tororo local prison) but deemed sufficient
in others (Murchison Bay). In Luzira upper prison, the Officer in Charge acknowledged that: “many
prisoners had died of malnutrition”. Meat is scarce (once a year in Kakiika, according to prisoners).
In Mpigi, prisoners said they were given the meat from dead cows. In some prisons (Kasese local
administration prison), prisoners were very thin and weak. In Tororo local administration prison, no
food was provided by the government, and prisoners had to work for it. In Mpigi, prisoners who did
not go to work were not fed.
Women in Masindi complained that the lack of change in diet (posho, beans and salt) gave them
stomach pain. It has been proven that long use of beans cause blindness. (The Special Rapporteur
herself was in prison for 12 years eating mainly beans and relish. She came out of prison almost
blind. So were other prisoners like Pastor Kaira of Malawi). For this reason, the Special Rapporteur
encourages use of vegetable gardens and prison farms in all prisons so that prisoners eat
balanced diet. From the contents of the last two paragraphs, the general policy should be put in
place by government to be followed by every prison in the country. This would avoid a variety of
conditions of imprisonment followed by different prisons in the country. Uniformity is very important.
There are shambas (vegetable gardens) everywhere space is available. According to the officer in
charge in Kakiika prison, prisoners produce 50 kg vegetables everyday, for 750 prisoners (0.06g
per prisoner). In Tororo local prison, the vegetables grown by prisoners are allegedly taken by the
warders. In Murchison Bay, every space available is used to grow greens.
In some police stations the only food available is that brought from the outside by relatives. A
detainee in Kamukuzi local administration police unit reported staying 14 days without food, and
having to beg it; other detainees worked for food. The Officer in charge of the police unit explained
that he had a budget to feed 10 people, and when he had more than this, he had to share (they
were 11 on the day of the visit). The Officer in charge at Kasese police station said food was
distributed twice a day – according to prisoners, the only food they receive is brought by their
relatives.
Usually, it is not an offence to bring food from outside, but this is sometimes subject to bribe
(Mbale – prisoners said they have to pay 15.000 USH) and is restricted (Mondays, Tuesdays and
Fridays for women at Masaka prisons) or prohibited (Tororo prison farm, Luzira remand). Some
prisons restrict it to uncooked, others to cooked food (Luzira maximum, Masaka). Special diet is
sometimes available upon medical advice, but it can be subject to bribes (for instance given to
guards) or not available at all (Tororo prison farm).
Clothing
Uniforms are normally distributed to convicted prisoners. However, this was not always the case
(Mbale, Tororo local prison and prison farm, Luzira remand, Mpigi local prison), which they regret
as their own clothing are often in poor state. They complained they did not have cloth to go to court
or on release. There are some exceptions, e.g. in Kasese local prison, but in this case for example,
the uniforms are old and dirty, and they only get one set, which they wash during the week-end. In
Masindi they are supposed to have uniforms, but some went in rags. Uniforms in Luzira upper
prison were for convicts only.
Prisoners in police stations do not get uniforms. They do not always have enough clothes to be
able to change them for a wash (Mbale police station). Uniforms were distributed to prisoners at
Tororo prison farm the week before the visit of the delegation.
29
Contact with the outside/familial links
Due to congestion and to the lack of transport, prisoners can be detained far from their place of
origin, which hampers family contacts. Most of the time, prisoners whose relatives are poor get few
visits. Some prisons have a meeting room in which prisoners, which are deemed dangerous, are
separated from visitors (Masindi, Luzira Upper Prison). Sometimes (Tororo prison farm), visits take
place at the gate. Visiting hours vary from one place to the other. They are usually permitted every
day (Mbale, except week-end), although there are restrictions in some places (only Sundays at
Kasere and Mpigi local prisons; Mondays, Wednesdays and Fridays at Masindi and Kakiika; weekends at Tororo local administration prison; Mondays, Wednesdays and Fridays at Luzira Maximum
security). The duration of visits is sometimes restricted to a few minutes (Masindi, Luzira remand,
Tororo prison farm: 10-15 minutes), or suppressed, and visitors are harassed by staffs who
demand money from them. Visits can be suspended as punishment (Mbale). In Mbale, visitors are
separated from prisoners by a counter.
In some places, radio and/or newspapers are restricted or prohibited (Kakiika, Masindi, Mbale,
Luzira max). In Masaka prison, newspapers were allowed, except The Monitor. In the latter prison,
women can listen to one radio channel. Prisoners are usually allowed to send and receive letters
subject to censorship, which can create delays for letters written in certain tribal languages who
need to be translated. Prisoners in Luzira remand complained that it was not possible to send
letters, or that they were so severely censored that their letters were almost illegible.
In Kampala central police station, prisoners said that visitors were harassed or even beaten, which
hampered communications with families. Visitors were kept waiting for lengthy hours before being
authorised to see their relatives for a few minutes.
Work/Education/Exercise
Work
Prisoners – including those on remand, as the proportion of convicted prisoners is low – usually
have to work. This can take place in the fields or shambas, or to keep the prison (cleaning,
cooking, etc.). In almost all places visited by the delegation, prisoners complained about the
excessive harshness of work, and the fact that they were made to work even when they were ill or
very weak (Masindi, Tororo local prison, Luzira women prison and remand prison; a prisoner in
Mpigi local prison suffered from asthma and still was made to work), or without enough food (no
breakfast in Mbale). Working hours are often lengthy (7.00 to 15.00 at Kamukuzi local
administration police unit; 06.00 to 17.00 for remand prisoners in Masindi, etc. ). The delegation
also heard widespread allegations that beatings took place during work (Luzira remand, Mpigi
local, Masaka).
Prisoners said they could be hired to individuals to perform work for private interest. Prisoners in
Mpigi explained they work mainly in private farms. In Kakiika prison, they received their food from
the person who hired them, at the end of working day, i.e. around 15.00 (posho and beans). Since
they had no clothes or uniforms, they could not get change at the end of working day. Some also
work for prison staff (on Saturdays at Kasese local prison; in Masindi – but not as domestics). In
Tororo local administration prison, prisoners are “rented out” to individuals in order to earn money
to pay for their subsistence, since the budget allocated to the prison is highly insufficient.
Capital offenders are sometimes let off work, for fear of escape (Kakiika) or for other reasons
(Mbale).
Women also have to perform work. In Masindi, they were made to clean the surrounding of the
house (cut grass) or to prepare shambas (dig).
Money from prison farm production goes to the treasury.
Some prisons such as Masindi had workshops (Carpentry, metal work, crafts, brick laying,
vegetable gardens…). However, the number of prisoners involved in them was limited (seven in
30
carpentry, 24 in brick laying, 10 in vegetable gardens; women do handicrafts). The numbers were
also limited in Tororo prison farm (18 in a carpentry workshop, out of 278 prisoners). Luzira upper
prison had a tailoring workshop involving 53 persons, a joinery and carpentry workshop involving
77 convicts. A board decides who works, according to the length of imprisonment or qualification.
Prisoners said they received no salary, and that there was a problem of security: two prisoners had
lost their fingers two months before. There was also an important poultry section, with 500 birds
producing 300 eggs per day, which were sold outside.
Workshops also existed in Murchison Bay prison (blacksmith, handicrafts, carpentry). More existed
in the past, but had closed down. Many prisons had workshops that were not equipped, or did not
function for various reasons (Mbale had tailoring and shoe making workshops which didn’t work,
and only nine prisoners benefited from the carpentry workshop and training; Masindi).
Education
Provisions for education are very limited throughout the country, despite the very low education
level of the majority of prison population. There is a school in Luzira upper prison, with 502
prisoners attending the different grades and another school in the condemned section. Prisoners
complained that access to higher education was lacking. No school or educational programmes
existed at Masindi, despite the fact that it was quoted as a model prison. Attendance was low at
Murchison Bay School, due to short terms of imprisonment. Prisoners in Masindi complained about
the “lack of facility to keep the brain bright” and asked for a library.
Efforts in this direction could contribute to prisoners’ rehabilitation upon release.
Exercise/Cultural activities
Prisoners complained about the lack of activities, sport and exercise possibilities. In some prisons,
e.g. Masindi, Luzira upper prison, the facilities exist for sports such as volleyball, football,
basketball, netball, etc.
At some facilities, prisoners can stay out during all day (Luzira Upper condemned section, Tororo
prison). However, due to lack of staff, it is not rare that time out of the cell is very limited: 30
minutes in the morning and 30 in the afternoon in Mbale according to officer in charge, and 15 min
per day according to prisoners – before an escape that took place in December 2001, time out of
cell use to be two hours in the morning and two hours in the afternoon. In some prisons, prisoners
go out in groups, in turn, due to the lack of staff or as officers fear potential escapes (Kasese local
administration prison).
The situation is different in police stations. Space is usually very limited and does not allow proper
outdoor exercise. At Kasese, prisoners get out only a few minutes a day to receive visits.
There are no activities or exercise in Tororo prison farm and Luzira remand.
Preparation for release
Prisoners complained everywhere that there was no help and preparation to release. The welfare
department is usually not strong enough in prisons.
In Masindi, Mbale, Tororo prison farm, prisoners said they were released without any means for
transports or pocket money. However, the officer in charge in Masindi said they did get some
amount for transport, back to the place where they were arrested.
An NGO known as “Uganda Prisoners Aid Society” visits prisons and interviews prisoners who are
about to be released. They visit their homes and checked whether the community was ready to
reintegrate them. Another NGO worked with prisoners to prepare them and help them return to
their families.
31
Prison Rules & Discipline / Security
Existing prison rules
In principle, the welfare officer tells prison regulations to prisoners upon arrival. They are posted in
some prisons (in each dormitory at Murchison Bay). Some prisons have a list of prison offences
(Masindi). When breached, the prisoner is brought before the Officer in Charge and can bring his
own witness. Good behaviour entails classification in different stages, providing better conditions.
The time spent in prison is also taken into account.
The Special Rapporteur did not notice any information about rules in local prisons and police
stations.
Enforcement of prison rules
The law emphasises that every prisoner charged with a prison offence shall be informed of the
offence with which he is charged and shall be entitled to defend himself. The punishments which a
prisoner may undergo if found guilty are:
a) Confinement in a separate cell for a period not exceeding three days on the penal diet
prescribed in the Rules
b) Reduction in stage, or postponement of promotion in stage or forfeiture of privileges
c) Forfeiture of remission not exceeding 14 days
d) Forfeiture or removal from earning scheme until the prisoner is considered fit for
restoration.
e) In case of an adult male prisoner not over the age of 45 and not under death sentence or a
civil prisoner, or a vagrant, corporal punishment may be awarded in case of an aggravated
prison offence. However, all corporal punishments must be inflicted after the approval of the
Commissioner of Prisons.
Other forms of punishment can be the transfer of a prisoner to another prison (Kasese local).
Women in Masindi also described collective punishment, including deprivation of shower for the
babies. In Masaka prison, prisoners said that water was spread on the floor of the isolation cell and
punished prisoners were put naked and received only half of the food ration, or even without food.
The Special Rapporteur deplored collective punishment and other humiliating and degrading
punishment affected on women prisoners at Masindi and Masaka which were serious violations of
prisoners’ rights.
“Ward leaders” are appointed and sometimes tasked to enforce discipline and carry out
punishments. Conditions to become a ward leader being (Masindi) the length of service and the
good discipline. Those leaders get privileges. In Murchison Bay, each ward had a leader in charge
of cleanliness and a leader in charge of discipline. Then each block had a leader, and there were
“prison head prisoners” for discipline, cleanliness and for all prisoners. There were six caporals at
Luzira Upper prison.
Complaint mechanisms
The system is not harmonised and varies from prison to prison. Complaint books usually exist, but
the mechanism is not efficient according to prisoners (Masindi, Mbale). In Tororo, there was no
complaint in 2002, 19 in 2001 and 28 in 2000. In Mbale, there were few complaints in the book (73
since January 2001). They concerned receiving special diet from home, personal problems and
seeking advice. In various prisons, prisoners said they were punished when they complained (kept
indoors, transferred, visits suppressed or even beaten, including by leaders who are given sticks –
32
a boy in Mbale said he had been beaten on his genitals). At Luzira Upper prison, complaints are
reported in the reception office book. The duty officer investigates and handles them or refers them
to the officer in charge depending on the matter. In Luzira remand prison; complaints were
channelled through the staff which opened the door in the morning. A complain book existed, for
individual complaints only. General complaints were not registered. Prisoners said that complaint
mechanisms were not effective since they had no prisoners’ representatives. They also said they
were beaten when they complained.
Complaints are also channelled through wards, blocks and prison leaders. Main issues were court
related. Women in Masaka deplored they could not complain directly to the officer in charge, and
requested that he devotes one day a month to hear their problems.
A prisoner’s relation with the ward leader could influence considerably the outcome of complaints.
Ethnic based discrimination was also mentioned here.
Security
Isolation cells exist in some prisons (Masindi) for prisoners deemed dangerous, for mentally ill
prisoners (Masindi) or those affected with TB (Masindi). In this latter prison, the tap for the showers
of the isolation ward was in the toilets. In Masindi, the prison was double fenced with a round way
in between and watch towers. Ward leaders were appointed in all prisons visited by the delegation.
Fellow-prisoners often complained about the violent behaviour of these leaders, who would beat
them when prison rules were breached or for other reasons. There is need for ward leaders to be
monitored by the Officer-in-Charge.
Escapes are not common: there were none in Luzira Upper prison for five years, but eight from
Luzira remand in 2001. There was one escape in Mbale in December 2001 which explained the
movement restrictions imposed since. There were three escapes at Masindi prison in 2000, two in
2001 and none in 2002.
Staff
Relationship between staff and prisoners
Relations are usually described as good. However, there are unacceptable behaviours. Prisoners
denounce corruption of staff, both within prisons and at the police. On various occasions, prisoners
explained having to bribe the staff to be able to go to court, to buy items such as ustensils and
buckets or to receive food from relatives. At Kasese local administration prison, were relations are
described as bad or for those working at shambas or in women’s ward at Tororo prison farm.
Prisoners alleged being beaten up with canes all over the body, including on the head. They
looked scared. In Mbale, the atmosphere was heavy with intimidation. In some place,
communication problems are mentioned (Kasese police station, Masaka). Prisoners in Mpigi local
prison said they had good relations with the Officer in charge and his deputy, but problems came
from warders.
In Masindi, during the interviews with women, the Special Rapporteur noted that the staff remained
to listen to the discussion. She ordered them to leave so that prisoners were left free to talk to the
delegation.
Prisoners in Mbale complained that prison staff did not always keep confidential information for
themselves. Corruption seemed widespread in this prison. According to prisoners, they needed to
pay for everything, from hot water for tea to sugar, cigarettes, to have items purchased from
outside the prison, etc. They expressed the view this attitude of prison staff was due to overstaying
on duty, which made them embittered.
33
Remand detention
Overstaying on remand is a major complaint of prisoners. According to 1999 statistics,
approximately 60% of the prison population was on remand – the ICRC gives an estimate of 80% –
, 64% of those being capital cases (murder and defilement cases). In Kakiika prison, a man told the
delegation he had been detained since 1996 and had never appeared in Court. Another detained
in isolation at Luzira Upper prison had spent 8 years on remand, which raises the issue of political
prisoners in Uganda. In Masindi prison, the longest remand case dated from 1993. 78% of
prisoners were on remand. Prisoners complained that no compensation was given when they were
released after many years on remand.
There are several factors which added one to the other account for this situation:
•
Magistrates and Judges are too few to handle all the cases and committals to High
Court in particular: there are 31 judges only and seven High courts in the whole
country, with two judge each. In Tororo, the judge died and was not replaced.
Suspects are therefore not tried; consequently, they are not brought to the prison,
and rather kept in police stations. The minimum delay for a High Court trial is said to
be two years. The High Court covering the districts of Masindi, Hoima and Kibale
(Midwest region) sat twice in 2001. Each session had to examine 30 to 40 cases. In
Mbale district, the High Court sat thrice in 2001, and examined about 30 cases during
each session. Moreover, the infrastructure is often inadequate.
•
Lawyers are too few and not equally spread across the country: most are in
Kampala and around. Since legal assistance is compulsory for capital offences and
life offences, this creates further delays. Legal assistance is also defective for appeal
procedures.
•
The lack of transport hampers the due presentation of prisoners to court.
Sometimes, prisoners have to walk to court, publicly (for instance, those from Kakiika
prison and Tororo prison farm have to walk for 3 miles). At Mpigi local prison,
prisoners walk to court handcuffed two by two, and tied together with ropes to
Masaka. In Masindi prison, prisoners said they were not taken to court even if they
were called by magistrate.
•
Prisoners in Masindi explained that complainants did not show-up at courts and that
prisoners are therefore kept on remand. Prisoners in Luzira remand also said that
even when there was no complainant, they would be kept in prison if they were not
ready to pay.
•
The bail system appears not to function well. Bail is mandatory after 120 days
detention, “in the case of an offence which is triable by the High Court as well as by a
subordinate court” (Constitution, art. 23 (6) (b)) or after 360 days “in the case of an
offence which is triable only by the High Court” (Constitution, art. 23 (6) (c)) but this
rule is not applied either.
•
Those who should be released on bail are either not allowed to go to court to be
bailed, or do not have the surety to guarantee their bail. They also said that when the
complainant withdrew the case, they would not be released.
•
Corruption within the system is an aggravating factor. Prisoners in Mbale said that
they were taken to district court every 14 days, but were not presented to the judge:
they remained in cells and warders represented them. Only those who had money
(Uganda shillings 100.000) were taken to court. They also said they had to pay for
bail. They added that they were convicted on the mere basis of witness testimonies,
without further evidence. It was a frequent practice for the State attorneys to be
bribed by complainants (Kakiika), that without bribing the magistrates and
prosecutors, no bail could be obtained or that prisoners would never be put on court
role (Luzira maximum; Mpigi local prison). It was also heard on several occasions that
whatever the offence, one could be released if he/she was ready to pay.
34
•
Arrest and imprisonment appeared to take place sometimes, without sufficient
grounds or evidence. Prisoners in Masaka said they could be arrested on unfounded
denunciation, and remain several years in prisons, for which they received no
compensation; their communities when released also considered them as criminals.
A prisoner in Mbale said he had been arrested after reporting embezzlement by
government officials to the police. He said he was depressed and was crying during
the visit. Some prisoners complained that they were re-arrested the very day of their
release, under the same charge, same case.
•
People are usually unable to afford pecuniary sentences (fines) and go to prison
instead. It also happens that people stay in prison after their term is completed, as
they are unable to pay the related fine.
According to the Constitution (art. 23 (8)), the remand period should be taken into account in the
sentence, but it seems that this is not always the case.
The authorities are very conscious of this situation, and various initiatives have been taken to
address it, such as the Chain Linked Project or the Backlog Project. According to the authorities,
the remand period has been reduced from 5 to 2.5 years within two years.
Areas of concern
The findings described above raise concern on a number of issues. The Special Rapporteur would
like to highlight some points which, according to her, deserve particular and urgent attention.
Further details about each of these topics can be found under the Findings section.
Torture and ill-treatment
While it cannot be emphasised that torture is widespread, it is not exceptional either. The Special
Rapporteur would like to strongly recall that torture and cruel, inhumane or degrading treatment is
strictly prohibited, under all circumstances, by international instruments, and by article 24 of the
Constitution of the Republic of Uganda, which reads: “no person shall be subjected to any form of
torture, cruel, inhumane or degrading treatment or punishment”. It is the responsibilities of the
authorities to have this rule enforced and to ensure that officers under their responsibility abide to
it. This is also stated in the Constitution, article 20 (2):
The rights and freedoms of the individual and groups enshrined in this Chapter [4] shall be
respected, upheld and promoted by all organs and agencies of Government and by all persons.”
This is reinforced in article 44:
Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of
the following rights and freedoms–
(a)
Freedom from torture, cruel, inhuman or degrading treatment;
It should be made very clear to all officers that any act of torture or ill-treatment of a detainee or a
prisoner will be severely punished, as State agents have an enhanced responsibility to show the
example of abiding to the law. Torture is inhumane and should not be tolerated.
Having “ward leaders” to enforce discipline within prisons results in numerous abuses. Rule 28-1 of
UN the Standard Minimum Rules for the Treatment of Offenders reads “No prisoner shall be
employed in the service of the institution, in any disciplinary capacity”. It clearly prohibits conferring
disciplinary powers on certain categories and classes of prisoners.
35
The situation of juveniles
According to law and the Constitution – as well as international instruments to which Uganda is
party – juveniles in conflict with the law deserve a specific treatment geared towards education and
rehabilitation in order to help them prepare to be future law abiding citizens. In this perspective,
juveniles should be separated from adults and preferably be detained in separate institutions which
offer rehabilitative activities.
These requirements were not met in several places that the Special Rapporteur and her delegation
have visited (see the Juveniles section). Not only were they detained with adults (Mbale, Kampala
Central police station, Luzira Upper prison, Kakiika women section), but also they did not receive
the special treatment they deserved in terms of rehabilitation, education and psychosocial support.
Even more worrying, reports of sexual abuses of which juveniles were victims did not receive
proper attention and remedial action.
Foreigners
Foreigners often find themselves without visits or assistance, having no relatives around and face
conditions even worse than the bulk of the prison population. Many of them have committed no
other offence than not carrying the necessary documents, and are not dangerous individuals. Very
little, if at all, is done to meet their specific needs, e.g. in terms of diet, and the national
representations (Embassies) that could bring support are not always informed of their detention.
Communication difficulties with police, prison staff and the rest of the prison population sometimes
worsen their situation.
Discriminations
The Special Rapporteur heard several allegations and examples of ethnic based discriminations,
as well as of discriminations against certain categories of offenders e.g. condemned prisoners in
Luzira women prison. Prisoners also felt discriminated by doctors when taken to outside hospitals
e.g. Mulago hospital. The right to be declared from any type of discrimination is stipulated inter-alia
in the Universal Declaration on Human Rights (art. 7), the Constitution of Uganda (art. 21-2), and
the UN Standard Minimum Rules for the Treatment of Offenders (Rule 6).
Relations between staff and prisoners
While acknowledging that relations between staff and prisoners are usually described as good, and
praising the senior staff of prison service for their commitment and competence, the Special
Rapporteur is concerned that some staff have an unacceptable behaviour. As mentioned above,
torture and ill treatments do exist in prisons and police stations. The delegation found some
prisoners in very poor condition. The Special Rapporteur would like to insist that it is the full
responsibility of senior staff and authorities to ensure that rules are enforced including by their own
staff and that sanctions be taken against those who do not abide by the regulations.
Remand detention and related overcrowding
As described under the Findings section, remand detention is a major issue in Uganda. One of its
consequences is the severe overcrowding which afflicts most prisons throughout the country.
Moreover, many Ugandan citizens who have not been proven guilty, and are therefore presumed
innocents, are kept behind bars in dire conditions. Overcrowding entails consequences on
numerous aspects of prison life. It hampers the smooth delivery of services such as food, health
care, education, makes it difficult to maintain hygiene, to organise visits for relatives, exercise for
prisoners and so forth. It also creates difficult working conditions for prison staff, at all levels.
Work
The Constitution, art 25 states that:
(2) No person shall be required to perform forced labour
(3) For the purpose of this article, “forced labour” does not include –
36
(a)
Any labour required in consequence of the sentence or order of a court
(b)
Any labour required of any person while lawfully detained which, though not required in
consequence of the sentence or order of a court, is reasonably necessary in the interest of hygiene
or for the maintenance of the place at which the person is detained;
The Special Rapporteur is concerned that in many places visited with her delegation, she saw
prisoners being clearly overworked and not receiving good treatment – in terms of feeding, hygiene
and living conditions compatible with the requirements of their work. There are many reports of
prisoners being beaten during their working hours. The situation in Mpigi and Kasese local prisons
was of particular concern: prisoners were worked to exhaustion, were not provided with enough
food, slept badly because they were overworked – in brief, they were treated like slaves. The
Special Rapporteur took exception that such treatment was unacceptable, deplorable and must
end hence with.
Moreover, working for private interests clearly does not fall under the provisions of the
abovementioned article of the Constitution, and therefore breaches the Constitution.
Medical care
The medical departments visited, both in prisons and in police stations lacked sufficient supply of
drugs. Furthermore, the fact that only a small number of different drugs are supplied means that
there are many current pathologies that cannot be treated in spite of the fact that the large prisons
have qualified staff for such treatment.
Nearly all the medical services of prisons, and to a certain extent of the police, lack qualified
medical staff. This fact, which is more widespread inland, explains why health centres in prisons
and/or police stations situated at the administrative centres of the regions are mostly managed by
nurses or even simply health assistants.
The insufficient infrastructures, the severe overcrowding which affects places of detention and the
lack of resources hampers the smooth delivery of medical care. The administrative organisation of
medical care within UPS further contributes to an ineffective spending of meagre resources.
Double management of prisons
The current organisation of prisons in Uganda, by which the central government controls a number
of prisons, and local governments control a others, creates discrepancies between prisons in terms
of treatment and rights granted to prisoners. The numerous local government lock-ups and prisons
do not receive the necessary allocations in terms of resources, and conditions therein are usually
far behind requirements – and breach Uganda’s own internal legal and Constitutional provisions.
Ensuring the uniformed treatment of all offenders according to their status and category is a duty of
the government.
Good practices
1. The Special Rapporteur welcomes the new policies and measures which are being devised
and implemented by the government to improve conditions and trust they will help put right
some of the concerns mentioned. Several measures have been taken to reduce pre-trial
and remand detention. Efforts are undertaken to build up capacity of courts, to increase the
number of judges, to develop backlog reduction programme, etc. Interesting pilots are
conducted to improve speed of trials: e.g. day to day trials in Masaka whereby trial and
sentence take place the same day, for petty offences or the Chain Link project in the same
region, which aims at improving communications between agencies, hence speeding up the
judicial process. Alternatives to imprisonment, such as Community service are used. The
creation of the Director General of Prosecution by the 1995 Constitution has already
noticeable effects: the average remand period was reduced from 4 to 2 years.
37
2. There are also efforts to improve working methods and efficiency. Donors co-ordination
meetings take place every two months and are open to civil society. The Human rights
committee at prison headquarters co-ordinates with Uganda Human Rights Commission
and relevant bodies to examine prisoners’ complaints. The collaboration with the Central,
Eastern and Southern African Heads of Correctional Services Conference (CESCA) in
training, management, policy and conditions of service of personnel is, no doubt, an
opportunity to exchange experience and learn from other’s successes.
3. The Open door policy of UPS is certainly a great step towards improvements, and is a clear
sign of openness and willingness to see things change for the better. The work of NGOs in
prisons is considerable and should be praised. The Special Rapporteur encourages NGOs,
other interested organisations and the Ugandan authorities to develop this cooperation and
to extend it.
4. The Special Rapporteur wishes to commend the work and the professional behaviour of the
central prisons’ staff, in particular Officers in charge at Murchison Bay, Kakiika and Mbale
women section. Efforts are made to upgrade lower level staff. Human rights training is
being organised for all staff.
Recommendations
General recommendations
1. Overcrowding is the most important problem. It is the source of many problems found. The
Special Rapporteur would like to draw the attention of the Government of Uganda to the
fact that the solution to this issue is not to build more prisons, but to reform the system
towards more efficiency in the police and courts. The Special Rapporteur recommends that
the initiatives that have already been taken to reduce congestion be developed and
implemented throughout the country. Moreover, the following measures could contribute to
further addressing the problem:
Offences such as idleness should be removed from the Penal code and other offences
which could be dealt with in another way should be decriminalised (e.g. Community service
could be ordered for those who failed to pay taxes).
•
•
Alternative sentences, suspended sentences and probation should be implemented
Considering the large proportion of persons on defilement cases, the government
should consider amending the law to ensure that magistrates courts be able to dispose of
them. Magistrates could pay a particular attention to these cases and investigate thoroughly
to avoid unfair prosecution.
•
1.
Local administration of prisons needs urgent attention:
Their budget should be increased in order to ensure that inmates are kept in humane
conditions (Mpigi, Kasese)
•
The working conditions of inmates there should be systematically investigated.
Overwork and forced labour should be eradicated, as they amount to human rights
violations and degrading and inhumane treatment. Moreover, they are prohibited by the
Constitution.
•
2.
The behaviour of staff towards inmates should change:
•
Inmates complained of ill-treatments and corporal punishment should be ended in all
places were it is still used by staff and leaders amongst prisoners
Intimidation and discrimination should not be resorted to as a way of controlling
prisoners and other measures should be used to keep discipline
•
38
Officers in charge should be given the opportunity to move to another station after a
certain period of time; some have overstayed and become uncaring
•
Human rights sensitisation for staff and inmates (particularly ward leaders) should be
intensified
•
3.
Advances made towards increasing the budget of all institutions dealing with inmates and
offenders should be increased and closely monitored to ensure that inmates are kept in
good and healthy conditions. Assistance should be planned and according to the needs,
not as an answer to crisis situations. It should include a budget for maintenance of prisons.
4.
Rehabilitation programmes should be developed to ensure that inmates prepare
themselves for release and for a constructive life in the future. Educational and literacy
programmes adapted according to length of detention and vocational training should be
offered as well.
5.
Officers in charge should not restrict the freedom of prisoners too much as is the case in
Mbale or Masindi for instance. Most of the time, prisoners are indoors; they should be given
time to do outdoors exercises.
6.
Corruption practices at the police should be investigated and eradicated.
7.
Infrastructures are very poor. Tororo and Kasese local administration prisons should be
closed as well as Mbale central government prison, as they are currently dangerous for
inmates and staff. Staff quarters should be rehabilitated.
8.
Hygiene and accommodation should be improved. Inmates should be provided with enough
bedding, soap, detergent and cleaning material as needed.
9.
The Legal assistance and representation at hearings should be improved. In particular,
Uganda should investigate the possibility to develop paralegal systems to sensitise inmates
on their rights and represent them to court.
10.
Government should consider abolishing the death penalty. Death sentences passed should
be commuted into long term sentences.
11.
Prison farms including gardening (vegetables and fruits) for the use of prisoners
themselves should be the aim of the government.
12.
Modern structures including kitchens, toilets and bathrooms should be constructed.
Health
1) The budget for the prison and police health service departments to buy pharmaceutical
products should be increased to improve supplies of these products for the prison and
police medical departments. A better distribution strategy for these drugs should be set up,
ensuring that those health centres furthest from the capital receive their monthly allowance
of drugs locally, without being obliged to send to Kampala for it. Moreover, the Ministry of
Gender, Work and Social Development should open up a budget line for the purchase of
pharmaceutical products for the juvenile prison under its responsibility.
2) Existing medical facilities should be refurbished and expanded when it is not possible to
build new ones, especially in the large prisons. In particular, consulting and treatment,
observation and quarantine rooms for contagious diseases, and toilets should be built.
3) The supply of beds and mattresses as well as small items (bandages, stethoscopes,
sphygmomanometers, sterilisation equipment for medical materials, etc.) for the medical
departments should be improved. The model hospital of Murchison Bay should be supplied
39
with the additional equipment it needs to render its surgical unit operational. Furthermore,
the larger health centres in prisons and police stations, and those that are far from big
hospitals should be provided with means of transport for the patients (ambulance).
4) Prison superintendents should have the necessary resources at their disposal to be able to
deal directly with any emergency treatment needed for some prisoners who, for instance,
might need a surgical operation and to be able to provide special diets recommended by
the doctors for some of the detainees.
5) The head of the prison health department should have more staff. In this respect, it is
recommended that prisons, like the police, recruit their own personnel.
6) AIDS education programmes should be strengthened and voluntary screening should be
encouraged. For this purpose, it is of the utmost importance to offer the AIDS test free of
charge for all prisoners.
Recommendations – prison bill
The Adoption of a new Prison Bill is a unique occasion to promote and implement much needed
changes and new policies, as described in the policy documents of UPS and international
standards. The Draft that is currently circulating does not meet these challenges.
-
The Special Rapporteur would like to encourage the UPS to move from a paramilitary
approach to a management based on the identification of needs of the prison population in
order to prepare their reintegration into their communities; the combination of static and
dynamic security principles will reduce risks for staff and improve their working conditions
as well as living conditions for prisoners;
-
The new Prison Bill should include changes that will support the fundamental goals, values
and principles articulated in the Uganda Policy Document 2000 and Beyond, as well as the
principles of the 1996 Kampala Declaration on Prison Conditions in Africa and the African
Charter on Prisoners Rights (CESCA – 2001).
40